Full text of "North Carolina Register v. 1 no. 3 (6/16/1986)"

•t. ■ 



The 



HCCEIVEO 



SEP 11 1986 
LAW LIBRARY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



ADMINISTRATIVE ORDER 
PROPOSED RULES 
HNAL RULES 
LIST OF RULES AFFECTED 




ISSUE DATE: JUNE 16, 1986 
Volume 1 • Issue 3 • Pages 98-132 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published monthly and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and amend- 
ments filed under Chapter 150B must be published in the Register. 
The Register will typically comprise approximately one hundred 
pages per issue of legal text. 

State law requires that a copy of each issue be provided free 
of charge to each county in the state and to various state officials 
and institutions. The North Carolina Register is available by 
yearly subscription at a cost of ninety-five dollars ($95.00) for 
12 issues. 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, P. O. 
Drawer 11666, Raleigh, N. C. 27604, Attn: Subscriptions. 



ADOPTION, AMENDMENT, AND REPEAL OF RULES 

An agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include a reference to the Statutory 
Authority for the action; the time and place of the public hearing 
and a statement of how public comments may be submitted to 
the agency either at the hearing or otherwise; the text of the 
proposed rule or amendment; and the proposed effective date. 

The Director of the Office of Administrative Hearings has 
authority to publish a summary, rather than the full text, of any 
amendment which is considered to be too lengthy. In such case, 
the full text of the rule containing the proposed amendment will 
be available for public inspection at the Rules Division of the 
Office of Administrative Hearings and at the office of the 
promulgating agency. 

Following publication of the proposal in the North Carolina 
Register, at least 60 days must elapse before the agency may take 
action on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency must file 
any adopted or amended rule with the Office of Administrative 
Hearings. If it differs substantially from the proposed form 
published as part of the public notice, the adopted version will 
again be published in the North Carolina Register. 

A rule, or amended rule, cannot become effective earlier than 
the first day of the second calendar month after the adoption is 
filed. 

Proposed action on rules may be withdrawn by the pro- 
mulgating agency at any time before final action is taken by the 
agency. 



TEMPORARY RULES 

Under certain conditions of an emergency nature, some 
agencies may issue temporary rules. A temporary rule becomes 
effective when adopted and remains in effect for the period 
specified in the rule or 120 days, whichever is less. An agency 
adopting a temporary rule must begin normal rule-making 
procedures on the permanent rule at the same time the temporary 
rule is adopted. 



NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages 
of material of which approximately 35?^ is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
150B-63(b). 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

( 1 ) In looseleaf pages at a minimum cost of two dollars and 
50 cents ($2.50) for 10 pages or less, plus fifteen cents 
($0.15) per each additional page. 

(2) On microfiche. The microfiche edition is revised semi- 
annually (March and October) and can be purchased for 
forty dollars ($40.00) per edition. Due to the volume 
of the Code, the complete copy can only be purchased on 
microfiche. The NCAC on microfiche is updated 
monthly by publication of a "List of Rules Affected" 
which sets out rules filed the previous month, the action 
taken, and the effective date of the change. This list is 
published in the North Carolina Register. 

Requests for looseleaf pages of rules or the NCAC on 
microfiche should be directed to the Office of Administrative 
Hearings. 



NOTE 

The foregoing is a generalized statement of the procedures to 
be followed. For specific statutory language, it is suggested that 
Articles 2 and 5 of Chapter 150B of the General Statutes by 
examined carefully. 



CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to 
Volume 1, Issue 1, pages 101 through 201 of the North Carolina 
Register issued on April I, 1986. 



North Carolina Register. Published monthly by the 
Office of Administrative Hearings, P. O. Drawer 11666, 
Raleigh, North Carolina 27604, pursuant to Chapter 150B 
of the General Statutes. Subscriptions ninety-five dollars 
($95.00) per year. 

North Carolina Administrative Code. Published in 
March and October by the Office of Administrative 
Hearings, P. O. Drawer 11666, Raleigh, North Carolina 
27604, pursuant to Chapter 150B of the General Statutes. 
Subscriptions forty dollars ($40.00) per edition. 



NORTH CAROLINA REGISTER 



ISSUE CONTENTS 



I. ADMINISTRATIVE ORDER 
Appointment of 
Abraham Penn Jones . 



98 




Office of Administrative Hearings 
P. 0. Drawer 11666 
Raleigh, NO 27604 
(919) 733 - 2678 



Staff I 

Robert A. Melott, 

Director 
James R. Scarcella, 

Deputy Director 
Molly Mason, 

Director of Rules Publication 
Genie Rogers, 

Executive Legal Specialist 
Ruby Creech, 

Publications Coordinator 
Myrtice Becoat, 

Clerk 
Mary Fowler, 

Wordprocessor 
Teresa Johnson, 

Wordprocessor 
Tammy Poole, 

Records Clerk 



II. PROPOSED RULES 
Agriculture 

Food and Drug 
Protection Division ... 99 

Human Resources 

Medical Services 101 

Food Assistance 103 

Children Services .... 103 
Individual and Family 

Support 103 

Justice 
Police and Information 
Network 107 

Licensing Boards 

CPA Examiners 112 

Plumbing and Heating 
Contractors 116 

Natural Resources & 
Community Development 
Departmental Rules . . . .109 
Wildlife Resources & 

Water Safety 110 

Employment and 
Training Ill 



III. FINAL RULES 

Natural Resources & 
Community Development 
Departmental Rules . . . .118 
Coastal Management .... 122 
Forest Resources 126 

IV. LIST OF RULES AFFECTED 

Volume 10, No. 3 127 

(June 1, 1986) 

V. CUMULATIVE INDEX 131 



NORTH CAROLINA REGISTER 
Publication Deadlines and Schedules 
(April 1986 - March 1987) 



Issue 


Last Day 


Last Day 


Earliest 


Earliest 


Earliest 


Date 


for 


for 


Date for 


Date for 


Effective 




Filing 


Electronic 


Public 


Adoption 


Date 






Filing 


Hearing 


by Agency 




04/15/86 


03/25/86 


04/01/86 


05/15/86 


06/14/86 


08/01/86 


05/15/86 


04/24/86 


05/01/86 


06/14/86 


7/14/36 


09/01/86 


06/15/86 


05/27/86 


06/03/86 


07/16/86 


08/15/36 


10/01/86 


07/15/86 


06/25/86 


07/02/86 


08/14/86 


09/13/36 


11/01/86 


08/15/86 


07/28/86 


08/04/86 


09/14/86 


10/14/86 


12/01/86 


09/15/86 


08/26/86 


09/02/86 


10/15/36 


1 1/14/85 


01/01/87 


10/15/86 


09/25/86 


10/02/86 


1 1/14/86 


12/14/36 


02/01/87 


1 1/14/86 


10/23/86 


10/30/86 


12/14/86 


01/13/87 


03/01/87 


12/15/86 


1 1/25/86 


12/02/86 


01/14/87 


02/13/87 


04/01/87 


01/15/87 


12/29/86 


01/05/87 


02/14/87 


03/16/37 


05/01/37 


02/16/87 


01/26/87 


02/02/87 


03/13/37 


04/17/37 


05/01/87 


03/16/87 


02/23/87 


03/02/87 


04/15/37 


05/15/87 


07/01/87 



ADMINISTRATIVE ORDER 

STATE OF NORTH CAROLINA 

Office of Administrative Hearings 

TO ALL TO WHOM THESE PRESENTS SIIALL COME - GREETINGS: 

I, Robert A. Melott, Reposing special trust and confidence in the 
integrity and knowledge of ABRAHAM PENN JONES now, by virtue of the 
authority vested in me by law I do hereby appoint him Hearing Officer 
and confer upon him all of the rights, privileges and powers useful 
and necessary to the just and proper discharge of his duties. 

In Witness Whereof, I have hereunto signed my name and affixed 
the Seal of the Office of Administrative Hearings of the State of 
North Carolina, at Raleigh, North Carolina, this the 2nd day of June 
1986. 



s/Robert A. Melott 
Chief Hearing Officer 



NORTH CAROLINA REGISTER 98 



PROPOSED RULES 

TITLE 2 - DEPARTMENT OF 
AGRICULTURE 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of 
Agriculture intends to adopt 
regulations cited as 2 NCAC 9L 
.2000 - CHEMIGATION. The 
purpose of the proposed 
regulations is to minimize tlie 
risk of pesticide backflow into 
public water systems, surface 
water and groundwater by 
requiring the utilization of 
antisiphon devices and air gaps 
whenever land, crops, and/or 
plants are cliemigated. 

The proposed effective date of 
this action is January 1, 1987. 



Statutory Authority; 
143-463; 143-466. 



G.S. 



The public hearing will be 
conducted at 1:00 p.m. on August 
22, 1936 at Board Room, 
Agriculture Building, Raleigh, 
N.C. 27611 . 

Comment Procedures: Data, 
opinion, and argument concerning 
these rules must be submitted to 
the N.C. Pesticide Board by or 
on August 22, 1986. Written 
comments may be mailed directly 
to Mr. John L. Smith, Secretary, 
North Carolina Pesticide Board, 
P.O. Box 27647, Raleigh, N.C. 
27611 . 

SUBCHAPTER 9L - PESTICIDE 
SECTION 

SECTION .2000 - CHEMIGATION 

.2001 DEFINITIONS 
All specific words or terms 
used in this Section shall have 
the sa.Tie definitions as shown in 
the North Carolina Pesticide Law 
of 1971, G.S. 143-460, or unless 
the context otherwise requires, 
other definitions sliall be: 

(1) Antisiplion Device. Any 
equipment that prevents the 
backflow of a pesticide into 
any water supply or the 
backflow of water into a 
pesticide supply. 
Antisiplion devices include 
automatic low pressure 
drain, check valve, flow 
interrupter. and vacuum 
relief valve . 

(2) Automatic Low Pressure 
Drain. A -self-activating 
device to drain that portion 
of an irrigation pipeline 
whose contents could 
potentially enter the water 



supply when operation of the 
irrigation system pumping 
plant fails or is shut down. 

(3) Check Valve. A device 

to provide a positive 
closure of an irrigation 
pipeline or pesticide 
injection line that 
effectively prohibits the 
flow of pesticide or water 
in the opposite direction of 
that desired when operation 
of the irrigation system 
pumping plant or pesticide 
injection unit fails or is 
shut down. 

(4) Chcmigation. Any process 
whereby pesticides are 
applied to land, crops, 
and/or plants utilizing an 
irrigation system. Some 
examples are agricultural, 
nursery. turf, lawn, golf 
course, and greenhouse 
sites . 

(5) Chemigation and/or 
Irrigat ion'v'ater Supplies. 
Any source of water that is 
used for chemigation and/or 
irrigation to include 
private wells, public water 
systems, ground or surface 
water sources . 

(6) Flow Interrupter. A 
device that provides 
positive interruption or 
cessation of pesticide or 
water flow in either 
direction upon pesticide 
injection unit shutdown or 
failure . 

(7) Functional Systems 

lock. A system used to link 
irrigation pumps and 
pesticide injection units, 
other pvimps or supply tanks 
so designed that in the 
event of irrigation pump 
malfunction or failure, 
shutdown of the pesticide 
injection units will occur. 

(8) Inspection Port. A 
place on the irrigation 
pipeline that can be 
utilized to determine 
visually if the check valve 
leaks . 

(9) Irrigation. The act of 
mechanically supplying water 
to land, crops and/or 
plants . 

(10) Irrigation System. Any 
device or combination of 
devices liaving hose, pipe or 
other conduit which connects 
directly to any water 
supply. The term does not 
include any handheld 
hose-end sprayer which is 
constructed so that an 
interruption in water flow 
automatically prevents any 
backflow to the water 
supply . 



99 



NORTH CAROLINA REGISTER 



(11) Public V.'atcr System 

(a) a system for the 
provision to tlic public of 
piped water for human 
consumption if such system 
has at least 15 service 
connections or regularly 
serves an avci'arje of at 
least 25 individuals daily 
at least 60 days out of 
tlie year. Such term 
includes : 

(i) any collection, 

treatment, storage, and 
distribution facility 
under control of the 
operator of such system 
and used primarily in 
connect ioi\ with such 
system; and 

(ii) any collection or 
pi'e-treatmcnt storage 
facility not under sucli 
control wliicli is used 
primarily in connection 
vjith such system. 

(b) It is either a 
"community water system" 
or a "non-community water 
system" : 

(i) Community Water 

System. A public water 
system which serves at 
least 15 service 
connections or regularly 
serves at least 25 
year-round residents. 

(ii) Non-Community Water 
System. A public water 
system which is not a 
community water system. 

(12) Vacuum Relief Valve. 

A device to automatically 
relieve or break vacuum in 
an irrigation pipeline. 

.2002 APPLICATION OF 
PESTICIDES THROUGH 
IRRIGATION SYSTEMS 

(a) These systems shall be 
fitted with effective antisiphon 
devices and a functional systems 
interlock that will prevent the 
backflow of pesticide or 
pesticide-water mixtures into 
water supplies or the backflow 
of water or pesticide-water 
mi.xtures into pesticide supplies 
during times of irrigation 
system failure or equipment 
shutdown. If a public water 
system is being utilized as the 
water source, the chemigation 
system shall not be connected 
directly to it . See 
requirements in Rule .2003 of 
this Section. 

(b) Pesticides shall not be 
injected into an irrigation 
system on the suction side of 
the irrigation pump. 

(c) Such safety devices or 
valves shall be installed 
between (1) the irrigation 



system pump discliargc and the 
point of pesticide injection 
into tlie iriigntion system, and 
(2) the point of pesticide 
injection into tlie irrigation 
system and tfic pesticide tank or 
container in accordance with 
Rule .2002(d). 

(d) Such systems shall 
effectively meet the following 
criteria : 

( 1 ) double clioclc valves 

shall be located betv;een the 
irrigation pump discharge 
and tlic point of pesticide 
injection into the 
irrigation pipeline. These 
valves, wlien installed, 
shall be on a horizontal 
plane and level. A 
deviation of not more than 
10 degrees from the 
horizontal shall be set . 

(2) an inspection port shall 
be located between the 
irrigation pump discharge 
and the mainline check 
valves. In many cases, the 
vacuum relief valve 
connection can serve as the 
inspection port. 

(3) a vacuum relief valve 
shall be located on the top 
of the horizontal irrigation 
pipeline between the 
discliarge side of the 
irrigation pump and the 
inlet side of the double 
check valves. The vacuum 
relief valve shall have an 
orifice size of at least Z/^ 
inch for a 4-inch diameter 
irrigation pipe. The 
orifice size shall increase 
proportionally to an 
increase in irrigaiton pipe 
diameter . 

(4) an automatic low 
pressure drain shall be 
located on the bottom of the 
horizontal irrigation 
pipeline between the 
discharge side of the 
irrigation pump and the 
inlet side of the double 
check valves. Such device 
shall be level and have an 
orifice size of at least 3/4 
inch for a 4-inch diameter 
irrigation pipe. The 
orifice size shall increase 
proportionally to an 
increase in irrigation pipe 
diameter. The drain shall 
not e.xtend beyond the inside 
surface of the bottom of the 
irrigation pipeline and 
shall be at least two inches 
above grade. The automatic 
low pressure drain shall 
discharge at least 20 feet 
from any water supply. The 
discharge from the drain 
shall be controlled to 



NORTH CAROLINA REGISTER 



100 



prevent the drainage from 
reentering the water supply. 

(5) a flow interrupter 
device shall be located in 
the pesticide supply line 
between the pesticide 
injection unit and the 
pesticide supply tank or 
container. A normally 
closed solenoid-operated 
valve or other similar 
device is an acceptable 
method to positively prevent 
flow of pesticide or water 
in either direction during 
pesticide injection system 
failure or shutdown. 

(6) a check valve shall 

be located on the pesticide 
injection line between the 
point of pesticide injection 
into the irrigation system 
and the pesticide injection 
unit to prevent the overflow 
of the pesticide supply tank 
or container . 

(7) a functional systems 
interlock shall be provided. 
If interruption of the 
irrigation water flow 
occurs, the interlock must, 
at a minimum, cause the 
shutdown of the pesticide 
injection unit. If the 
irrigation pump and 
pesticide injection unit are 
at different sites, a low 
pressure cutoff, located 
near the point of pesticide 
injection into tlie 
irrigation system, could be 
electrically connected to 
the pesticide injection unit 
to provide for its shutdown 
in the event of low water 
pressure . 

.2003 PROHIBITION OF 
CONNECTION TO A 
PUBLIC WATER SYSTEM 

(a) An irrigation system 
used for pesticide 
application shall not be 
connected directly to a 
public water system. 

(b) The water from a 
public water system must bo 
discharged into a reservoir 
tank . 

(c) There shall be a 
complete physical break (air 
gap) between the outlet end 
of the fill pipe and the top 
or overflow rim of tlio 
reservoir tank of at least 
twice the inside diameter of 
the fill pipe . 

.2004 INSPECTION: 

INSTALLATION: MAINTENANCE 

AND MODIFICATIONS 

(a) Antisiphon devices 
and a functional systems 
interlock, used for 



chemigation purposes, shall 
be installed and maintained 
to ensure proper function 
during chemigation. 

(b) During periods of 
chemigation, the system 
operator shall inspect the 
antisiphon devices and the 
functional systems interlock 
to ensure that they are 
functioning properly. 

(c) If modifications or 
changes in design, 
technology, irrigation 
practices or other similar 
reasons warrant the use or 
placement of equipment in 
lieu of that specified 
herein, the Pesticide Board 
may allow for such changes 
in advance of use, provided 
protection to the water 
supply is at least equal to 
tliat provided by the 
equipment , or placement 
thereof, required in this 
Regulat ion . 

(d) Inspections of an 
irrigation system utilized 
for chemigation may be made 
at any time by a 
representative of the 
Pesticide Section, North 
Carolina Department of 
Agriculture. Whenever any 
such equipment is determined 
not to be in compliance v;ith 
this Section, tlie owner or 
operator shall be issued a 
stop use order, and the 
equipment shall not be used 
for the purpose of applying 
pesticido(s) until such time 
as proper repairs and/or 
alterations are made and the 
stop use order is released 
by official notice from the 
North Carolina Department of 
Agricul ture . 

TITLE 10 - HUMAN RESOURCES 

Notice is hereby given in 
accordance with G.S. 150B-12 
that tlie Department of Human 
Resources intends to amend 
regulations cited as 10 NCAC 
26D .0001, 10 KCAC 26D .0002 
and 10 NCAC 26D .0004. The 
purpose of the proposed 
regulations is to give the 
Division of Medical 
Assistance the authority to 
mandate tliat a second 
opinion be rendered for 
selected elective surgical 
procedures. Unnecessary 
surgeries are avoided as a 
result of second opinions 
therefore holding down 
medical costs without 
negatively impacting quality 
of care. 



101 



NORTH CAROLINA REGISTER 



The proposed effective date 
of this action is Octobci- 1. 
1906. 



cor it inq ont upo n t )i o rendering of 

n E cc ond opjnio Ti by another 



n.\U!3-i-ti?lL 



Authority i 
42 C.F.R. 
C.F.R. 456. 



G.S. 
440 
1 . 



108A-25(b); 
230(d); 42 



Medic aid 

Catcno ries of 
be j\\i I vlcct to 
opjn i o n 



pr ac li t i oncr 
tlic - iTi imrrv 



wlien 



payor . 



su rge ry vihich may 
a second surgica l 



remiircment 



include 



The public hearing will be 
conducted at 1 :30 p.m. on 
July 18, 1986 at 1985 
Umstead Drive. Raleigh, N. 
C. , Room No. 201 -A. 

Comment Procedures : Written 
comments concerning these 
amendments must be submitted 
by July 18, 1986 to 
Director, Division of 
Medical Assistance, 1985 
Umstead Drive, Raleigh, NC 
27603. Oral comments may be 
presented at t)\c hearing. 



liy st orcctomy , cholocystcctomy, 

h omorrhoidectomy, knee surgery, 
coronai'y bypass, foot surgery. 



1 an incctomy , 



p rostatectomy, 



tons J ] 1 ectomy and adcnoidectomy , 
inguinal hernia repair, varicose 
vein stripping and cataract 

surgery . Tliis rcg u irement may 

bo waived by the state agency 
under the following conditions: 
( 1 ) Subsequent to the 

performance of the procedure 
the recipient is determined 



to 



be 



CHAPTER 26 



- HUMAN RESOURCES 
MEDICAL SERVICES 



el igible ; 
(21 Unanticipated 
circumstances 



retroactively 



precluded 



performance of 



second 



SUBCHAPTER 26D - LIMITATIONS 
ON 
AMOUNT: DURATION: AND SCOPE 



surgical opinion; 
(3) Physician developed 

criteria precludes a second 



In 



opinion . 
all cases 



the final decision 



(e) 



,0001 IMPATIENT 
SERVICES 
Covcvacta for 



HOSPITAL 

selected 



to perform the surgery rests 



with the recipient. 



A third 



opmjon 



covered but not 



elective surgical procedures is 
contingent upon the rendering of 
a S'-'cond opinion by another 
qua] if j ed 



reguircd . 

.0004 PHYSICIAN SERVICES 
( b ) Co\^eraqe f o r selected 



pract it ioner when ele ctivo surgical procedures is 

c ontingent upon the rendering of 
a se c ond opinion by another 



Medicaid is the pr i mary payor, 



Categories of s^^^ger^' v;hich may 

be Euhject to a second surgical gual if icd 



pract it ioner 



when 



opinion 



hysterectomy 



requireme nt 



include 



horio rrhoidectomy, 
coronary bypass. 



cholecystectomy, 



lar.inectomv , 



kn ee surgery, 
foot surgery. 



prostatectomy , 



tonsillectomy and adonoidectomy , 
i nguinal hernia repair, varicose 
vein stripping and cataract 



Medicaid is the primary payor. 
Categories of surgery which may 
be subject to a second surgical 

opin ion reguiremont include 

hyster ectomy . cholocyst ectomy , 
hemorrhoidectomy, knee surgery, 
coronary bypass, foot surgery, 



laminectomy. 



prostatectomy 



surgery . This reguirement may tonsillectomy and adonoidectomy, 

inguinal hernia repair, varicose 
vein stripping an d cataract 



be waived by the state agency 
under the following conditions: 
( 1 ) Subseguent to the 



surgery . 



This requirement may 



performance of tlie procedure be waived by the state agency 



the 
to 



recipient 
be 



eligible ; 
(2) Unanticipated 

circumstances 

performance of 



is determined 
retroactively 



precluded 
a second 



under the follovfing conditions; 
( 1 ) Subsequent to the 

performance of the procedure 
the recipient is dete r mined 



to 



be 



retroactively 



surgical opini on; 
(3) Physician de\'elopod 

criteria precludes a second 



el igib] e ; 
(2) Unantici pated 
circumstances 



precluded 



performance of 



second 



In 



o pinion . 
all cases 



the final decision 



to perform the surgery rests 



with the recipient 



A third 



op in 3 on 



covered but not 



required . 

.0002 OUTPATIENT HOSPITAL 
SERVICES 

( f ) Coverage for selecte d 

elective surgical procedures is 



surgical opi nion; 
(3) Plivsician developed 

c riteria precludes a second 

opinion . 
I n all cases the final decision 
to perform tlie surgery rests 



with the recipient 



A third 



opinion 



required , 



is covered but not 



NORTH CAROLINA REGISTER 



102 



Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of Human 
Resources intends to amend, 
repeal regulations cited as 10 
NCAC 42D .1502; 41H .0201, 
.0301, .0304, .0405; 30 .0214; 
41H .0104, .0302, .0303, .0305, 
.0306, .0307, 

.0308, .0309, .0310, .0311, 
.0312. 

The purpose of the proposed 
regulations: 10 NCAC 42D .1502 
establishes the building 
construction requirements for 
Homes for the Aged and Disabled 
and Family Care Homes; 10 NCAC 
41H .0201 sets forth regulations 
for adoption services provided 
by public child-placing 
agencies; .0301 specifies the 
functions of public 
child-placing agencies in their 
provision of adoption services; 
.0304 specifies the services 
that are provided to adoptive 
applicants by public 
child-placing agencies, and 
.0405 defines the categories of 
Adoption Assistance and extent 
of benefits; 10 N'CAC 30 .0214 
changes the frequency of 
verification of property and 
mandates verification of 
licensed vehicles when 
determining eligibility for food 
stamps . 

The proposed effective date: 10 
NCAC 30 .0214 October 1, 1986, 
all other rules September 1 , 
1986. 

Statutory Authority: G.S. 48-1 
et seq.; 108A-49; 108A-50; 
108A-51; 131D-2; 143B-153. 

The public hearing will be 
conducted at 10:00 a.m. on July 
23, 1986 at 701 Barbour Drive, 
Council Building, Hearing Room, 
Raleigh, North Carolina. 

Comment Procedures: Any 
interested person may present 
his/her views and comments 
either in writing prior to or at 
the hearing or orally at the 
hearing. Any person may request 
information, permission to bo 
heard, or copies of the proposed 
regulations by writing or call 
Bonnie Allred, 325 N. Salisbury 
Street, Raleigh, N.C. 27611, 
919-733-3055. 



CHAPTER 30 



FOOD ASSISTANCE 



SECTION .0200 - MANUAL 

.0214 ADDITIONAL 

MANDATORY VERIFICATIONS 



fa) The county department 
will verify household size. 
Verification sliall will be 
accomplished through a 
collateral contact or readily 
available documentary evidence. 
A collateral contact is defined 
as a verbal confirmation of a 
households' circumstances by 
someone outside the household, 
such as employees, landlords, 
neighbors, etc. A collateral 
contact may be made in person or 
by telephone. 

(b) The county department 
will verify that the household 
actually incurs a major utility 
e.xpense. Verification is 
required on a one-time basis 
unless the household has moved 
or changed its utilities or 
unless questionable. 

(c) The county department 
will check Property Tax Listings 
prior -bo ceL t ifyin g hous>jliuld s 
at initial application and once 
every twelve months thereafter . 

( d ) The county department will 
check the DMV listing for 
licensed vehicles at initial 



appl icat ion 



and 



at 



each 



s ubsequent recort if icat ion , not 
to exceed once each three 
months . 

SUBCHAPTER 41H - ADOPTION 
STANDARDS 



SECTION .0100 



GENERAL 



.0104 



SOCIAL AGENCY 
(REPEALED) 



SECTION .0200 - ORGANIZATION 
AND ADMINISTRATION 

.0201 PUBLIC AGENCIES 
(a) Personnel 
and S taff 

-(-H- i^lT-rrt? shall hs is 

s t aff trf persons who ha ve 
d emo n ::.t i. ' a te d ■Hrjrt t-htry 

po ssess t he knowledge , 

t eclmical t rainin g , arrd 

skill +-0 p lan arrd car ry ou t 
a s o und a dop t i o n pr o g r a m 
co ns is tc n t wirth t hg 

s tanuarcrs set forth "irt this 
Subclrap tcr . 

( 2 ) Tht; pcT son supervisin g 
oTT car ry ing out tin? adopt ion 
work mu3-b Itave a m as te r ' s 
degr ee fr-oin an act^i c - dite d 
s c h o ol of s o cial x^ork; plus 
±^fr(3 y e a rs of suc ce ssful 
t; xp jr i e nc e -in t+re c as c w or l c 
frtc- ld; one ■yoar- of whirch 
mtTst har-e been rel a te d to 
c+rrtd wtrifrmrr or rnirstr hrrvo 
strtroes-s-f Trl ty c u i i pl et crd onr? 
year" of work in an 

nccred itott strhooi of s o c i .t 1 
work anti ha-v« thro« years of 
su c c e s sftrl exue r i e n co irt 



103 



NORTH CAROLINA REGISTER 



"tire 



cni ewor k . -two y e o i- j t?jF whrdrch 
r.tr:r-b hn-v'C bc^rt rc-itJ-te-d ±xy 
chi-irl vrc lf a rc . J-f rro p ers o n 
■im •Htc atj-cTTC-y mget s th c L e 
tjual ification::; f +"lTcn 

qug .1 if i cd -s-ba+t; o ffic e 

ptrrrronrrci wiri-i p r o vid e 

nec c - ^ ^ a 1 ' y sti p e i v i^ i u i i . 

€ a; c l o ad . 54tc c as e l o ad trf 
per s o n c ar ry i i i c i a full — fc ii i ic 



Trd-op-bdon l o ad sliould av er a ge no 
mtrre -Hmn 5rQ a ct iv c c as e s . 
T ii c.r-e c as e s irrrry i n c lud e eliildi e n 
b e ill g s t udi e d ■for place rte n t > 
childr e n -in p la c em ent > ad optiv e 
h o m e s t udies , rmd na t ural 

p aren ts bein g I' l e l pe d . Tii e 

g eo g r aphic ar ea covered must b« 
t ak<jn in to account ■ 



(1 ) 



R ules in 10 NC A C 41N 
)210 



■ 0210 shall govern the 
policies for public agencies 
providing ndoption services 

in determ ining tlie 

qualifications for personnel 
and in the recruitment, 
retention, a n d effective 



per 
per 



f orr.ance 



of 



qualified 



sonnel 



(2) Rules in 10 NCAC 

41N .0211 shall govern the 
pel 



(b) 



icies for public agencies 
i n the hiring of staff, use 
o f clerical staff, and use 
of volunteers . 



Caseload . 



The caseload 



of 



social 



workers 



providing adopti o n services 
shall be in corrnliance with 
ren uirements set forth in 10 
NCAC 41 P .0002(c) . 

SECTION .0300 - FUNCTIONS OF 
AN ADOPTION AGENCY 

.0301 GENERAL 

Public arrd pi ivat e 
child-placing agencies shall 
perform the following functions: 

(1) provision of services 

to na t u r al biological 
parents considering 

adopt ion , 

(2) provision of services 

to the child considered for 
adoption , 

(3) provision of services 

to adoptive applicants 

through pre-placement 

studies , 
(A) selection of home 

and placement process, 
(5) supervision after 

placement , 
(6J fulfillment of 

social and legal 

responsibil it ies , 

(7) compilation and 
preservation of complete 
case records, 

(8) provision of post-adoption 
consultation service s. 



.0302 SERVICES TO 

NATURAL PARENTS 
CONSIDERING ADOPTION 
I Repealed ) 
.0303 SERVICES TO 

THE CHILD CONSIDERED 
FOR ADOPTION 
(Repealed ) 

.030''i SERVICES TO 

ADOPTIVE APPLICANTS 
-t-a-)- S-tady 

•frH- The agency shal-J: mak e 

■B pT-c — pi-ae-cmen+ st-trdy o^ "Hre 
adop t iv e hoTire be f ore placing 
■a c hil -d -in -ttre home . Th e 

pu rpT js e s rrf t+re adop t iv e 
home s t udy ^ hall be to 
evaluate ■Hre c a p a c i ty trf 
per s o J 1 ^j to become parents ox 
an ad opt ed c liild; "to help 
t-he appl icant s d ete rmine 
whe t lie r thtry want a child 
and "irf they are r eady to 
ado pt ; arrd to d e cide tlie 
kind of c hild who s hould be 
ado p ted . Eui ' tli e r . tlie study 
should p r ovide an 

opport unity for criange "in 
appl leant s ^ at t it ude a, ai'id 
e : -;pe c t a t i o ns ffs t hey begiii 
to have a b etter 

of wliat -irs 
c-d -im ad o pti o n and the 
kdrrd of c hildr e n who ar e 
a v ailabl e tor plac e ment . 

( 2 ) D c cau r. . e acjenc ies hav~e the 
r c s p on i. i Lrlrrty of pre dict ing 
how appl i.cE.nt s will care "for 
cliildr e n , -it is imp o r t an t to 
know tho appl icants 

individually , -in rela t ion to 
e ac] - i ot h e r, -im re la t i o n to 
t h e ii - own f amil i e s , arrd -im 
relat ion to the community "in 
w liic h t h e y live . 

-(-3-)^ Du r in g the- ini t ial 

i i itei ' view , -it irs ii r ip o rtaii t 
that t he w orke r ' s a t ti t ud e 
show accept ance ox and 
resp e ct for t he applicants . 

( "f / ^genc le s may use a 

vari et y of pro ce dur e s to 
st udy an ad o p t i\ '-e ho me , bu t 
the goal ot e ach s t udy will 
be t lie same . The adopt ive 
home st ud y s hall be 
d e v e l o p e d t h ro u g h a 
succ e ssion o-f int e rvi e ws 
w itli bo t li appl i c an t s , 
se pa r a te ly arrd t og et li er , -in 
the ir I'iome and in the 

-fb-)- R e cord . Tli e r e s hall 
be a wri tte n r ecor d of t+re 
s t udy , im the cas e fil e . 
When an ap p l i c a t i on has been 
a p pi o v c d , the r e co rd should 

from wlii c h t h e 
agency c o nclud es t lia t ■ 
( 1 ) All irrcMubei'S ox the 

hoasol i o ld w ill we lcom e a 
cli lid "into the home . 



NORTH CAROLINA REGISTER 



104 



t2~t xrt© 
have 



apt 
sa t iif ji- tui y family 
i ps , s oc ial 

1' cl a t i.O!'isni.p s ^ and woi'k 

aUJuatiiieii t . 

(3 ) Hre ad o p t iv e applican t s 
ar e s uffici e n t l y em ot ionally 
ma t ur e tro pr o vid g ca re for 
th e child . 

(4 ) Th« ad o ptive a pp lican t s 
»re -in r jo o d h e altl ' i , jrs 
e videnc e d by medical his tory 
arrd a r e c en t e x amina t ion 
including ne g atix -e blood 
t es t s arrd naaa t ive cl ' i e i)t 
X rays . 

(5 ) Th e a pp l i c an ts irave 

a re asonably co nif o rtabl e 
a d jubtm c iit -bo t h eir 

s t e ril ity , -irf t+rrs -irs t heir 
re as on -ftrr applying t-a 
adopt . A medical statemen t 
r e ga r ding t liei r inabil ifcy t-o 
hav e t hei r o v; n c hil d shall 
te a p^rr-t o-f the i ec o i d ■ 
(0 ) Th e a doptive pa r ents 

liav e sufficien t incuine t-o 
main t ain a desirable 

s t andard o-f 1 li/ljig , arrd can 
offer trte child reasonable 
e conomic s u t-ui 1 ty . 
( 7 ) Th e mo tlie r will 

a-t h o m e un t il t h e 

an d par e n ts have 

w : ll adju sted t-o e ac h 

i-£ t+re m u t it er p lans 

±ro \i o r Ic , t!ie p-Jran 



r e main 

c hild 

beco me 

ot he r ■ 

tT3 return 



trf c hild c ar e mtrs-b hav e bc-ert 
c ar e fully e v alua t ed vri+h t li e 
appli c an t s . 
(0 ) ThTS f amily -is orre 

-in wl ' ii c h -t+re child v; ill have 
xTre oppor c uit 1 1 y ror 

re li g i o us or- spiritual arrd 
et liical dev e lopmen t , m-rd 

t^il 1 be lie Iped t-o ach ic ve a 
scale trf v alues f or hi m s e lf , 
t-o buil d a prac t ical 

phil o sophy trf life ■ arrd t-o 
develop m o ral arrd s ocial 
s t anda r ds wbirch will g uid e 
his c o i ' .du ct t h rough 1 if e . 

( 9 ) The f a m ily r ecognizes 
t h e im po r ta n c e o-f p rov iding 

■ftrir the cli ixxi -in accordance 
w-irHr hirs In tere s bs > abili t y , 
arrd ap t i t ud cs-r 

(10) T-i-re f aimil y r e c o gn i z e s 
t h e impo i-tance erf 1 - i e lpin g 
t l - iC child tro acc e p t h-rs 
ado p t iv e st a t us . 

(11) Th e hcmrc rrs -in a 

good community wher e 
c ondi t ions aff o r d 

oppor tun it ies ^or s u 1 1 crb te 
c-ompajiion-sh ip antJ fo-r 
pa r t icip at ion im communi t y 

( c ) DeoTTs i o n . Tbe a d c p t iv e 
ap p lican t s slraid: be t o 1 i.- l by the 
a ge nc y , when the st udy -is 
oomp- l ete d. whet-!it»r t^ie-irr 
appl i c a t ion has been ac cept-eti 



OT re j e c te d . Esp e ciall y wh e n 
t h e i r appl i c a t ion xs r e jec t ed . 
trhcy sh o ul d be g ive n t+re 
oppor t unity rfor discussion trf 
th e agency ' s decisi o n . 

Rules in 10 NCAC 41 P .0006, 



■0007, 



0003, 



.0009, .0010. 



.0011, and .0012 shall govern 



the 



pel ic ie s 



for 



publ ic 



agencies providing adoption 
services in determining the 
procedures for recruitment of 
adoptive fa.-nilios, application 
process , adopt ive study , 



not if icat ion 



to 



adopt ive 



applicants of acceptance or 
denial of application, services 
to adoptive applicants and 
families, legal process. and 
record retention. 

.0305 CRITERIA FOR 

EVALUATIN'G ADOPTIVE 

APPLICANTS (Repealed) 
.0306 AGENCY REQUIREMENTS 

FOR APPLICANTS (Repealed) 
.0307 REJECTION OF 

AN APPLICATION (Repealed) 
.0308 SELECTION OF 

HOME AND PLACEMENT 

PROCESS (Repealed) 
.0309 SUPERVISION 

AFTER PLACEMENT (Repealed) 
.0310 COMPLETION OF 

SOCIAL AND LEGAL 

RESPONSIBILITIES (Repealed) 
.0311 CASE RECORDS (Repealed) 
.0312 POST ADOPTION 

CONSULTATION (Repealed) 

SECTION .0400 - ADOPTION 

ASSISTANCE: GENERAL 

.0405 CATEGORIES OF 

ASSISTANCE AND 
EXTENT OF BENEFITS 

(a) There are four categories 
of adoption assistance: 

(1) monthly cash payments; 

(2) vendor payments 

to providers of medical 
services ; 

(3) vendor payments 

to pro-i/idors of 
psychological, therapeutic, 
and remedial services; 

(4) vendor payments 

to providers of legal 
services for the filing of 
adoption proceedings. 

(b) A cliild may be determined 
eligible for more than one 
category of assistance. 

-(-rr> M ontl ' ily c-a-s+t pay m e nt s 
a ' j o p t i o n a s s is t an ce shall 
e x c e ed o n e htm dr e d xhri 
•(-S+Oe-rO-e^ per mon-th pr^ eh-iri-d-v 
( d ) ( c ) Vendor payments from 
adoption assistance to providers 
of medical services not covered 
by Medicaid or other medical 
benefits shall not e.xceed twelve 
hunderd dollars ($1,200) per 
year per child 




105 



NORTH CAROLINA REGISTER 



Vcndo: 


assistcii 
psychol' 
remedial 


exceed 
($1 ,200 
■(-f^ (e) 
Vendor 


assista: 


service: 
hundred 


per 


chi. 



r payments fi-om adoption 
iicc to pioviders of 
ogical, tlierqpeut ic , and 
1 services shall not 
twelve hundred dollars 
) per year per child. 

payments from adoption 
nee to providers of legal 
s shall not exceed two 

fifty dollars ($250.00) 
Id. 



SUBCHAPTER 42D - LICENSING OF 
HOMES FOR THE AGED AND INFIRM 

SECTION .1500 - THE BUILDING 

.1502 CONSTRUCTION 
(b) 
in -a facili ty lic c nt-ed b e fo re 
«pnrx TT^ T^uH , TTTC uu i± Q iny Tnusx 
ire modified and nra in t ained "to 
ncct all ox the i" u I e s in tli is 
&c-c-t-rort v fitliin "Hrc p l - iysi c al 
limi t ations cf "thrr building a^ 
'it' existed on Apr il '\~r 1 90^ . 
Before any modifications are 
mode tro t h e buildin c; , t li e 
adminis t ra t or sli o ul d co nsul t 
w-irth t li c Construe t iun S e c t ion of 
■Hte Division of Facili t y 

Services tn a s sur e con t inued 
cum i jlianc e wit h trho I ' ul e s trf 
this Gubchapt e i ' . B e for e 

r e quii irig an3' major capi t al 
o u t law ' s f-OT f acil ity 

iTiOu 1 1 1 cat ion t the Oo nst ruction 
S e c t i o n will per f o r in tm on si te 
Ti ' isi t 
f ea.5 

re con iTio nd 
disa{^pr oval . 
(c) 

Ea c h facility 
April +T +9B^rT 
f ollo^^ ' iiiy m inii 
sy st eni~r 

( 1 ) A fir e alarm system 

w ill p ull stations n e ar e ach 
e . r it arrd so und in -g devices 
w liicli ar-e a udibl e t hrougliou t 
t+i-e building mus t tre 



( 2 ) P ro duc t s of co m bustion 

( sm o ke ) U fc 1 is te d 

•iro niza t i o n d e te c tor s m ust bu 
install e d -in sH corridors . - 
The detectors must bo no 




befoi e 
must jiave thti 
im fir e alarm 



mor e -HTO-t fr& -foc-t from e ach 
o th e r and no mo r e t liaii B^ 
feet fi ' oi i i any end wall ; 

(3) Hea t dct c Ltois or sm o k e 
d et ect o rs must be p rovid e d 
■in unoccupied ar e as snoh rts 
storayo x ' ooms , ki t cl ' iens> 

living ro oms , dinin g rooms > 
etc . ; 

( 4 ) AH de te ct lull sys te m s 

m ust be interc u nn e c t e d writii 
t+Tc fir e ala r m s ys te m; and 

( 5 ) The ent ii. e syst e m s 



tmdcT i'nr-agr-nph (c ) o-f th-irs 
flulre tmrrrt he a U fc fb is t ed , 
fcnrr hotrr bat ter y e m e rgency 
povjcre d s ys t em H-irth tr i c kl e 
ch ar ties or- e m e rgency 

gener a to r . 



(b) In 



facility licensed 



bofor o April 1, 198^, the 
building must meet and be 
iri.-iintainod to meet all the 



req uirements 



for 



new 



cori s tructJon req ui red by tlie 
Nor th Carolina State Building 
Code in effect at the time tlie 

building was constructed . 

Wlicre code requirements require 

a modi f ic a t io n of the 

building's structural system, 
an alternative method may be 
used to meet the intent of the 
co de . 
( c ) In a facility licensed 



before April 



1 , 



1984 and 



con structed prior to January 1 , 
1975, the building, in addition 
to meeting the requirements of 



t}ie 



Nortli 



Carol ina 



State 



Building Code in effect at the 



t imc 



the 



building 



constructed, shall be provided 

with the following: 
( 1 ) A fire alarm system 

with pull stations near each 
e.xit and sounding devices 
w liicli are audible throughout 



the 



building must 



be 



pro\'idcd . 
(2) Products of combustion 

U/L listed detectors (smoke) 



in 



all corridors . 



The 



detectors must l^e no more 
than 60 feot from each other 
and no more tlian 30 feet 



from any end wall . 
(3) Heat detectors or 



products 



of 



combustion 



dot ectors 



rooms , kitchens , 



all storage 



rooms, dining rooms 



living 



and 



l aundries . 

iAl 

All detection systems 

interconnected with the fire 

alarm system . 
(5) 

Emergency power for 

the fire alarm system, heat 

detection system , and 



products 



of 



combustion 



detection 



system . 



The 



emergency power for these 
systems may be a manual 
start system capable of 
monitoring the building for 
2.4-hours and sound tl^e alarm 
for five minutes at the end 
o f tliat time. The emergency 
pov.'or for the emergency 
lights shall be a manual 
start generator or a U/L 

approved trickle charge 

battery system capable of 
providing light for 1-1/2 



NORTH CAROLINA REGISTER 



106 



hours 



when normal 



power 



fails 
(e) 


Effective Julv 


1 . 


1987, 


residen 


t be 


idroons 


and 


resid 


ent services 


shall 


not 


be permittod 


on 


the second 


floor 


of 


anv 


facil 


itY 


licensed prior ti 


D April 


1 , 


1984 


and classified 


as 


two-s 


torv 


vjood frame 


const 


ruct ion 


by 


the North 


Carol 


ina St 


ate 


Build 


inq 



Code. 

TITLE 12 - DEPARTMENT 
JUSTICE 



OF 



Notice is hereby given in 
accordance with G.S. 150B-12 
that the Justice Department 
intends to amend regulations 
cited as 12 NCAC 4A .0101 
and 12 NCAC 4C .0208 -.0209. 
The purpose of the proposed 
regulations is to show the 
new name of the agency; to 
include provisions governing 
non-criminal justice agency 
use of criminal histories 
for licensing and employment 
and to modify the e.xisting 
language to include 
non-criminal Justice 

agencies . 

The proposed effective date 
of this action is October 1, 
1986. 

Statutory Authority: G.S. 
114-10; 1 14-10.1 . 

The public liearing will be 
conducted at 9:00 a.m. on 
July 16, 1986, at the 
conference room of 407 N. 
Blount Street, Raleigh, 
North Carolina 27601; the 
Administrative Office of the 



Division 


of 


Criminal 


Information . 




Comment 


Procedures : All 


comments 


should be 


directed 


to E. K. 


Best. Ill 


Division 


of Criminal Informat 


ion, 407 


North 


Blount 


Street. 


Raleigh, 


North 


Carolina 


27601 . 


In terosted 


persons 


may pre 


sent their views 


either orally or in 


writ ing 


at the h 


earing. Th 


e record 


of the hearing shall 


be open 


to receive written 


comments 


from June 15, 1986, 


to 5:00 



p.m. on July 15, 1986. 

SUBCHAPTER 4A - DIVISION 
OF CRIMINAL INFORMATION 
.0101 teCATHJN 
Th« ad mi nis t r a t iv e o ffic e 

at ion 
fft" 40 7 
S-b r Gct ; 




Ral g i ghr No rt h Go 
&?6-t-l-^ T e l e ph o n e (919) 
733 3171 
.0101 NAME AND LOCATION 



(a) 



The 



of this 



agency 



shall 



be 



North 



Carolina State Bureau of 
Investigati o n. Division of 

Criminal Information. The 

same shall be referred to 
throughout these procedures 
as the Division of Criminal 
Information replacing the 



name 



Pol ice 



Information 



Net'.vork . 



The acronym used for 



(b 

this agency shall be PCI. 
The same shall bo referred 

to throughout these 

procedures replacing the 
acronym of PIN. 

The administrative 



) 



(c 
office of the Division of 



Criminal 



Informat ion 



located at 407 North Blount 



Street , 



Raleigh, 



North 



Carolina. 27601. Telephone 
(919) 735-3171. 

SUBCHAPTER 4C - SECURITY 
AND PRIVACY 

SECTION .0200 - ACCESS AND 
DISSEMINATION OF 
COMPUTERIZED 
CRIMINAL INFOPJ-IATION* 

.0208 USE OF CCH FOR 
LICENSING AND 
EMPLOYMENT PURPOSES 
(a) Criminal Justice agencies 
who want to use computerized 
criminal history information 
maintained by the Fulic j 
i nf orm a t io n N e tw o r k Division o f 

Cr iminal I nformat ion for 

licensing and e.Tiployment 
purposes shall submit to the 
Director Assistant Director of 
the Police Irr for na t i o n Network 
Division of Criminal Informa tion 
a written request listing the 
types of licenses and permits in 
which they desire to use 
computerized criminal history 
information for their decision 
making process of issuing 
permits or licenses. A copy of 
the local ordinance(s) or a 
reference to the North Carolina 
General Statute(s) giving agency 
authority to issue a particular 
permit or license must be 
included in the written request. 
Cb) Authorization to use 
computerized criminal history 
information for licensing or 
employment purposes may be given 
only after the DiTtrct-or 
Assi stant Dire ctor of the Pol ic e 
inform a t ion .''Art w ork Division o f 
Criminal Inf or mation and the 
North Carolina Attorney 
General's Office have evaluated 



107 



NORTH CAROLINA REGISTER 



and authorized the authority of 
the Nortli Carolina General 
Statute or local ordinance 
pertaining to the issuance of 
that particular license or 
permit . 

(c) Upon authorization, a 
written notice will be submitted 
to the requesting agency 
authorizing t}iat agency to use 
computerized criminal history 
information maintained by the 
Po l i ce Inf o rma t i on Ke t w oi- k 
Division of Criminal Information 
for specified licensing or 
employment purposes. 

(d) After notice of 
authorization has been given, 
the agency's terminal will 
recieve the capability to use 
the purpose code "E" in the 
purpose field of the 
computerized criminal history 
inquiry screens QHE and QRE . 
Once an agency has received this 
capability, it shall be required 
to use the purpose code "E" 
space and followed by the tvjo 
ciiaracter code assigned for that 
Particular approved licensing 
purpose and an abbreviation of 
ultimate recipient of the 
record. whenever making an 
inquiry for one of the approved 

or employment 

It shall also be 

maintain a log of 

and any secondary 

year on 

received 



licens ing 
purposes . 
required to 
all primary 
dissemination for one 
all positive responses 
from tliis type of inquiry. 

(e) Any agency obtainina 
c r iminn -l- his to ry r i ::coi d 
inf u i v ial i o n t h r o u g l t P^-N -foT- any 
li i-L' niln g or non c ri m inal 
jus t ice e mpl o ym g i ' it pu rpo se not 
appi u vcd by PIN ^I'l a 1 1 ire "in 
v i u la L ion o-f t+rxs Rul-c arrd 
subje ct ttr penul t ie:L, de ter min e d 
br -Htc- PtN Advis o ry Polic y Board 
err f-e d e ral r or st a te lew . 
(e) Requests from non-criminal 
j ustice agencies to use criminal 
history information maintained 
by tlic Division of Criminal 
Information for licensing and 



employment purpose; 



shall be 



treated as 



fee for service 



request 



pursuant 



to 



G.S 



(1) All such requests shall 



c scnt the request to the 



be 

th 
£o 

In 

EX 
Pi 

In 

Bp 
tl 
di 
iB 
wh 



submitted in writing to 
o SBI Assistant Directo r 
r the Division of Criminal 



format ion 



who 



shall 



of 



Criminal 



formation Advisory Policy 
nrd for consideration of 



tli r request and approval or 
snpproval as appropriate, 
o determination as to 



at 



if any 



non-criminal 



:tice agencies shall be 



autliorized 



to 



receive 



crim inal history information 

E^h all be within tlio 

disc rrt ion of t h e Advisory 
Policy Board. Authorization 



to 



criminal history 



i nf ormat i on 
and 



employment 



for licensing 



purposes 



slia 1 1 be granted only upon 



authorizat ion 



of 



the 



Advisoiy Policy Board. 
(2) Upon being approved, 

the requesting agency shall 
Euhmit its requests for 



criminal hi-^-tory information 
to the Division of Criminal 



Inf ormat ion , 



Attention ; 



I d e irtific ati o II 



Section . 



Encli request shall include 
sufficient documentation to 



estahl is}i 



and 



verify 



identity, including a set of 
fingerprints. Each request 
shall be accompanied by a 
fee establisliod for such 
reouests in the form of a 
certified cashier's clieck or 



money order . 



(3) 



Criminal history in 4 



inf ormst ion 



accessible 



by 



atithorizqtion of tliis section 



shall 



be 



North 



Carol ina 



criminal history information 

only . 

(4) Any agency grante d 

a pproval shall be required 



to enter into 



fee for 



s ervice agreement v/itlt the 

Division of Criminal 

Information . 
(f ) 

Any agency obt a iii ing cr J.111 xnal 
hi sto ry i f c o r d informa t ion 

t l - ir o ugh PfN f or any 1 iccnsin g 
trr nun cr in;inal justic e 

tr i .i ploym e iit pui'po a e no t approv e d 
by Pin slir.ll tre -in viola t ion erf 
t-irirs Rulg and subj e c t "to 
p cnalt ius de t ermined by "Hre Pin 
Ad visoi y P o l icy Board trr 

fed e ral or state law . 

( f ) Any agency obtaining 

criminal history record 

information through PCI for any 



authorized 



licensing 



non-criminal justice employment 
purpose by means other than 
that described in this Rule 
shall be in violation of this 
Rule and subject to penalties 
determined by the DCI Advisory 
Board or federal or 



iaJL 



aw . 
Any agency 



criminal 



history 



obtaining 



record 



information through DCI for any 



1 icensing 



non-criminal 



j ustice employment purpose not 
approved by DCI shall be in 



violation of this Rule 



and 



subject to penalties determined 
by the DCI Advisory Policy 
board or federal or state law 



NORTH CAROLINA REGISTER 



108 



.0209 RESTRICTIVE USE OF 
CCH FOR LICENSING 
OR EMPLOYMENT 

(a) Use of computerized 
criminal history information 
maintained by the P o lic e 
Inf O Liiiahloii ffct w or k Division of 

Criminal Information for 

licensing or employment purposes 
shall only be authorized to 
those agencies who have complied 
with Rule .0208 of this 
Subchapter . 

(b) The following requirements 
and restrictions shall be 
applicable to all cr i m inal 
jus t ic e agencies who have 
received approval to use 
computerized criminal history 
information for licensing or 
employment purposes. Each such 
agency shall be responsible for 
their full and prompt 
implementation . 

( 1 ) In no case shall 
computerized criminal 
history information obtained 
for licensing or employment 
purposes be used or 
disseminated for any other 
purpose . 

(2) In no case shall 
computerized criminal 
history infornation obtained 
for licensing or employment 
purposes bo released to or 
reviewed by anyone other 
than the agencies authorized 
by the Directo r crf t-htr 
Pol ice Inrormntion ?ict'i'.'oi ]'i 
Assistant Diroctor of the 



Divis ion 



of 



Criminal 



Inf ormat ion . 

(3) If applicable, the only 
data in the computerized 
criminal history which can 
be used in an agency's 
determination of issuing or 
denying a license or permit 
is conviction data or arrest 
data without a disposition 
which is presumed to be 
currently in the judicial 
process (a period of one 
year from date of arrest) on 
those crimes stipulated in 
the referenced North 
Carolina General Statute as 
grounds for disqualification 
of a license or permit. 
Each agency shall be 
responsible for reviewing 
each authorized General 
Statute and knov;ing what 
data can and cannot be used 
for grounds in denying or 
issuing a particular license 
or permit . 

(4) Prior to denial of a 
license or permit due to 

data contained in a 
computerized criminal 
history record, a 
fingerprint card of the 



applicant sliall be submitted 
to the Identification 
Section for verification of 
that record belonging to the 
applicant of tJie license or 
permit . 

(c) A "no hit" received 
by the P o li ce Inf trrm a t i on 
He t woi k Di'/ision of Criminal 



Inf ormat ion 

on a computerized criminal 
history inquiry does not 
necessarily mean that 
individual does not have a 
record. If requesting 
agency desires a more 
complete check on applicant, 
a fingerprint card of 
applicant should be 
submitted to the S t a te 
Bur e au erf In ve st ivjat ion , 
I d e n t if i c at i o n Divisi o n 

Division of Criminal 

information. Indent if icat ion 
Sect ion . 

TITLE 15 - NRaCD 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of 
Natural Resources and 
Community Development, 
Division of Planning and 
Assessment intends to amend 
regulations cited as 15 NCAC 
lA .0002; .0005-. 0006. 

The purpose of the proposed 
regulations is to e.xplain 
the organization of the 
Department of NRCD, and list 
Commissions and Divisions. 

The proposed effective date 
of this action is October 1, 
1986. 



Statutory 
143B-9; 
143B-1 1 (a) 



Authority: G.S. 
143B-10(c); 



The public hearing will be 
conducted at 10:00 a.m. on 
July 17. 1986 at the Ground 
Floor Hearing Room, Archdale 
Building, 512 N. Salisbury 
Street, Raleigh, N.C. 27611 

Comment Procedures: All 
persons interested in this 
hearing are invited to 
attend. Comments may be 
submitted in writing prior 
to, during, or by July 23. 
1986, or may be presented 
orally at the hearing. 
Comments may be limited at 
the discretion of the 
hearing officer. Oral 
presentations which exceed 
five minutes must bo 
presented in writing at the 
hearing. E.Kplanations , 



109 



NORTH CAROLINA REGISTER 



details. and copies of 

proposed rules may be 

obtained by writing or 

callingi Patricia Johnson. 

DNRCD, Planning and 
Assessment, P. 0. Box 27687, 

Raleigh, NC 27611. 

Telephone (919) 733-6376. 



CHAPTER 1 



DEPARTMENTAL RULES 



SUBCHAPTER 1A - GENERAL 
ORGANIZATION 

.0002 DEPARTMENT OFFICERS 
The Secretary is assisted 
by one Deputy Secretary, one 
S pecial AssJ F^tant, 

an Assistant Secretary for 
Natural Resources, an 
Assistant Secretary for 
Pol icy Co o rdination , Parks 
and Community Resources, and 
an Assistant Secretary for 
Pi. o du i rt ivity Administration 

and Interqov'ernmental 

Rcl ations . 

The Deputy Secretary, the 
Special Assistant, and the 
assistant secretaries are 
appointed by the Secretary. 

.0005 DEPARTMENT DIVISIONS 
(a) 

The department is 
organized i.nto nine twelve 
divisions tttrd -fxrur- programs 
as follows ; 
( 1 ) Dit ' isi u ns . 
(1 ) 

environmental management; 
(2) 

■rtr^ 

marine fisheries; 
(3) 

parks and recreation; 
(4) 

forest resources; 

(5) 

■fc4 

land r e sources; 

(6) 

■H4- 

community assistance; 

ill 

economic opportunity; 

(8) 

■Hi-)- 

employment and training; and 

(9) 

■fT+ 

soil and water; 

(10) N. C. Zoological Park; 

(11) Kator rcsourcrs; and 

(12) Coar.tal management. 

-(-a-)- c o a 1. 1 a 1 m - i n a geme n t r 

(b ) r u r al pr i v at e industry; 

( c ) water resources ; and 
■HH- zoo l og i c al p ark. 



nil -f^^ 

TliG Wildlife Resources 
Commission and its staff is 
assigned to the department 
for coordinating and 
reporting purposes. 

.0006 DIVISION HEADS 
(a) The directors of nin e 
twelve divisions 

Tmd -fxrav p r o g r ams of the 
department are appointed by 
the Secretary. The Director 
of Wildlife Resources is 
appointed by the Wildlife 
Resources Commission. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Wildlife Resources 
Commission intends to adopt 
regulation cited as 15 NCAC 
10F .0351. The purpose of 
the proposed regulation is 
to establisli a no-wake boat 
speed on tliat part of the 
Trent River lying between 
the Trent River Railroad 
Bridge and the Alfred A. 
Cunningham Highway (old US 
70) Bridge, both being 
located within the city 
limits of New Bern in Craven 
County; and to designate the 
City of New Bern as a 
suitable agency for 
placement and maintenance of 
the uniform waterway markers 
im.plement ing the rule. 

Tlie proposed effective date 
of this action is October 1, 

1986. 



Statutory Authority: 
75A-3; 75A-15. 



G.S. 



The public hearing will be 
conducted at 9:00 a.m. on 
July 16, 1986 at Room 386, 
Archdale Building, 512 N. 
Salisbury Street, Raleigh, 
North Carolina. 

Comment Procedures : 

Interested persons may 
present their views either 
orally or in writing at the 
hearing. In addition, the 
record of the hearing will 
be open for receipt of 
written comments from July 
1 , 1986, to 5 tOO p. m. on 
July 31, 1986. Such written 
comments must be delivered 
or mailed to the Wildlife 
Resources Commission, 
Archdale Building, 512 N. 
Salisbury Street. Raleigh, 
North Carolina, 27611 . 



SUBCHAPTER 10F 



MOTORBOATS AND 
WATER SAFETY 



NORTH CAROLINA REGISTER 



110 



SECTION .0300 -LOCAL WATER 

SAFETY REGULATIONS 

.0351 NEW BERN 

(a) Regulated Area. This 
Rule applies to that part of 
the Trent River that is 
located within the city 
limits of New Bern in Craven 
County . 

(b) Speed Limit. No 
person shall operate any 
vessel at greater than 
no-wake speed on the Trent 
River between the Trent 
River Railroad Bridge and 
the Alfred A. Cunningham 
Highway (old US 70) Bridge 
in the City of New Bern. 

(c) Placement and 
Maintenance of Markers. The 
Board of Alderman of the 
City of Now Bern is 
designated a suitable agency 
for placement and 
maintenance of the markers 
implementing this Rule, 
subject to the approval of 
the United States Coast 
Guard and the United States 
Amy Corps of Engineers. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Departnent of 
Natural Resources and 
Community Development, 
Division of Employment and 
Training intends to amend 
regulations cited as 15 NCAC 
17C .0002 (bl. The purpose 
of the proposed regulations 
is to give authority for the 
director to award a contract 
to the successful bidder 
ponding appeal if it will 
serve the interests of the 
potential participants. 

The proposed effective date 
of this action is October 1, 
1986. 

Statutory Authority: G.S. 
150B; 20 C.F.R. 629.52; 20 
C.F.R. 629.50. 

Tlie public hearing will be 
conducted at 10:00 a.m. on 
July 17, 1986 at the Ground 
Floor Hearing Room, Archdale 
Building, 512 N. Salisbury 
Street, Raleigh, N.C. 
2761 1 . 

Comment Procedures: All 
persons interested in this 
hearing are invited to 
attend. Commonts may be 
submitted in writing prior 
to, during, or by July 23, 
1986, or may be presented 
orally at tho hearing. 
Comments may bo limited at 



the discretion of the 
hearing officer. Oral 
presentations which exceed 
five minutes must be 
presented in writing at the 
hearing. Explanations, 
details, and copies of 
proposed rules may be 
obtained by writing or 
calling: Patricia Johnson, 
DNRCD, Planning and 
Assessment, P. 0. Box 27687, 
Raleigh, N.C. 2761 1 . 
Telephone (919) 733-6376. 

SUBCHAPTER 1 7C - ADJUDICATIVE 
PROVISIONS/GENERAL 
PROVISIONS FOR 
ADMINISTRATIVE ADJUDICATIONS 

.0002 PROCEDURES FOR 
ADMINISTRATIVE REVIEW 
(b) Complaints by 
division bidders or 
prospective bidders shall be 
filed with the director in 
writing v;ithin 7 days of 
receipt of notice that the 
bidder would not be awarded 
a specific contract. The 
hearing shall be conducted 
in V/ake County after notice 
to the successful bidder 
that a complaint has been 
filed; the successful bidder 
shall have tlie opportunity 
to participate in the 
hearing. The licaring shall 
take place within 30 days of 
filing of the complaint. 
The director may talce oral 
or written evidence and may 
entertain oral or written 
argu.ment . The decision of 
the director shall be 
rendered in writing v;ithin 
60 days of filing of the 
complaint. The director's 
decision may bo appealed to 
the secretary witliin 10 days 
of receipt of notice of the 
decision. Kliere there is no 
written determination by tlie 
director, the 10 days within 
which to appeal will begin 
to run on the date of 
receipt of notice that no 
decision would be rendered, 
or 60 days from the filing 
of the conplaint, whichever 
comes first. The secretary 
shall render a written 
decision within 30 days of 
the receipt of the appeal. 
The secretary's decision is 
final. Tlio written decision 
shall state that the 
decision is a final 
decision. T f the r\ w a rdin a 
of the contract will serve 



the intcfor:ts of 


tho 


potential participants, 


the 


director mav award 


a 



in 



NORTH CAROLINA REGISTER 



c ont rai:t to -th e s ti cccssful 

bidder pcndincr appeal. 



TITLE 21 



LICENSING BOARDS 



N. C. STATE BOARD OF 
CERTIFIED PUBLIC 
ACCOUNTANT EXAMINERS 

Notice is hereby given in 
accordance witli G.S. 150B-12 
that the BOARD OF CPA 
EXAMINERS intends to amend 
requlations cited as 21 NCAC 
8G'. 040-; CPE PROGRAM 
STANDARD. Tlie purpose of 
the proposed regulations is 
to clarify existing 
Continuing Professional 
Education standards by 
addition of explanatory 
comments . 

The proposed effective date 
of tliis action is October 1 , 
1986. 

Statutory Authority: G.S. 
93-12(8)"(b) . 

The public hearing will be 
conducted at 9:00 a.m. on 
July 17, 1986 at N. C. State 
Board of CPA Examiners, 1101 
Obcrliu Road, Suite 104, 
Raleigli, North Carolina 
27605. 

Comment Procedures : Any 
person interested in these 
rules may present written or 
oral comments relevant to 
tlie action proposed at the 
public rule-making hearing. 
Anyone planning to present 
comments at the hearing 
sliould notify t)ie Executive 
Director at the board 
offices by July 15, 1986. 
Written statements not 
presented at the public 
hearing should be delivered 
to the board offices not 
later than 9:00 a.m., August 
18, 1986. 

SUBCHAPTER 8G - PROFESSIONAL 
ETHICS AND CONDUCT 

SECTION .0400 CONTINUING 

PROFESSIONAL EDUCATION 

.0404 
APPReVAfc eF COURSES ANB PF 
CPE PROGRAM STANDARDS 

Programs and courses for 
CPE credit must be in 
accounting and related 
subjects . 

(1) Standards for program 

development : 

Ca) The program should 



contribute to the 
pi-of CCS ional competence of 
the participants. 
Not c: Til c f u ndn mental 



purpor.o of Cl'E 


is to 


incroar.c tho 


CPA's 


profcEsionnl con 


ipctencc . 


A prof cs?;ional person is 


one character ired as 


conforminq to 


the 


tcclmical and 


ethical 


standards of 


his 


prof cssion . 


This 


characterization 


reflects 


tho expectation 


that a 


person holding himself out 


to perform services of a 



professional quality ne eds 
to bo knov.'lcdgealTle within 
a bi'oad range of related 
skills. TItus, the concept 
o f professi ona l competence 

is to bo broadly 

i nterpreted. It includes, 
but is not restricted to. 



account inq , 



auditing. 



taxation, and management 



a dvisory 



services . 



Accordingly , 



programs 



con t r il:)ut inq 



to 



the 



development 



and 



ma intenaiicc 



of 



other 



professional skills also 
sliould be recognized as 



accept a ble 



educat ion 
programs 



cont inuinq 



pr ograms . Such 
miglit include. 



but not be restricted to, 



the 



of 



communicat ion, 



ethics , 



quant itat ive 



behavioral 



methods , 



sciences , 



statistics, and practice 
management . 
(b) The stated program 

objectives should specify 
the level of knowledge the 
participant should have 
obtained or level of 
knov;ledge he sliould be 
able to demonstrate upon 
completing the program. 
Note : Program developers 
should clearly disclose 
what level of knowledge 
and/or skill is expected 



to 



be 



mastered 



by 



complet ing 



program . 



Such 



particular 
levels may 



be expressed in a variety 



o f way: 



a] 1 of which 



should bo informative to 

potent ial participants . 

As an illustration, a 
program may be described 
as having the objective of 

imparting technical 

knowledge at such levels 
as basic, intermediate, 

adva nced , or overview, 

whi c li miglit be defined as 
follows : 
M) A basic level program 



NORTH CAROLINA REGISTER 



112 



teaches 



p rincipl es o^r_ 



fundn mcntal 
•skills to 



participants hav ing no prio r 
exposure to the subject 



(2) 



A n intermediate 
builds 



program 



level 
on a basic 



level program in ord er to 



relate 



fundamental 



principles or skills to 



practical situations 



and 



extend t h e m to 



broader 



range of a pplications. 
(3) An advanced level 

program teaches participa nts 

to deal '.vith complex 

situat ions ■ 
( 4 ) An overview program 



enables 



part ic ipant s 



to 



de^'elop perspective as to how 
a subject aroa relates to the 
broader aspects of accounting 
or brings participants up to 
date on now 
developments in the subject 



(c) The education and/or 
experience prerequisites 
for tlio program 
stated . 
Note: All programs should 



should be 



clcarlv 


ident ifv 


v.'hat 


preroquis ites 


arc 


necessar 


■V for enrollment. 


If no 


pro Tenuis ite 


is 


neccssai 


■V > a s t atonon 


t to 


this c 


ffect should 


be 


made . 


Preroquis 


itos 


should 


be specified 


in 


precise 


lanqi:aqe 


so 


potential participants 


can 


readilv 


ascertain '.■.he 


ther 


thev qmlifv for 


the 


program 


or vjhctlier 


the 


program 


is above or b 


c lov) 


their 1 


ovel of knowl 


odqo 



or skill ■ 



(d) Programs should be 

developed by individual ( s ) 
qualified in the subject 
matter and in 
instructional design. 
Note : Although bot h 



competencies are 


nece 


ssarv 


in developing a 


pro 


gram ■ 


this standard 


is 


not 


intended to require 


that 


anv individual 


program 


developer be 




both 


technically comnotcn 


t and 


competent in inst 


ruct 


ional 


design. "Inst 


ruct 


ional 


design" is a t> 


Ian 


that 


specifics tlie 


learn inq 


objectives of the 


program, 


the content 


of 


the 


program, the me 


thod 


s of 


presentation (sue 


h as 


case 


studies, Icctur 


e, 


work 


groiips, nrogranmod 


instruct i in . use 


of 


audio 


or visual aids, 
part ic ipat lou ) 


or 
and 


arou^ 
the 


manner nf evaluating 


^r if 



practical, who 


ther the 


learning ob iect 


ives were 


achieved. Ad 


equacy of 


technical knov; 


ledge or 


skill in ins 


truct ional 


design may de demonstrated 


bv appropriate 


experience 


or och.icat ion . 


The level 


of technical 


competence 


and instructional design 


skills that the 


developer ( s ) 


should 


possess will varv 


depending on 


certain 


cliaracheristics 


of the 


program; such 


as the 


number of times 


it will be 


presented, the 


length of 


the proctram 


the 


complexity of the subject 


matter, and the 


numlDer of 



part ic i pant; 

(e) Program content 

should be current. 

N ote : The p rogram 



developer must revio'.j the 


course 


materials 


per io^lically to assure 


that the 


V are accurate and 


consisto 


nt with currently 


accepted 


standards 


relat ing 


to tlie program ' s 


sub iect 


matter . Between 


these 


reviev;s. errata 


sheets 


sliould be issued 


whore 


a p r:) r o n r i a t e and 


obsolete 


materials sho\iid 


be dele 


2 1 o d . However. 


b e 1 17 e e n 


the time a new 


pronouncement is issued 


and the 


issuance of errata 


shoe t s 


or removal of 


obsolete 


materials, the 


instruct 


or is responsible 


for infor.ning participants 


of changes. If, for 


example , 


a new accounting 


standard 


is issued, a 


program 


will not be 


considered current unless 


the ramifications of the 


new standard have been 


incorporated into the 


material 


s or the 


ins true t 


or appropriately 


informs 


tlie participants 


of the n 


ow standard . 



(f) Programs sliould be 

reviewed by a qualified 
person(s) other than the 
preparer(s) f-or- t o ensur e 

compliance with the 
standards listed in tliis 
Rule. 
Note : It may be 



impractical to 




rev icw 


certain 


pror(rams 


, 


sue 


li as 


a short 


lecture g 


i 


V o n 


onl V 


once; in 


tlicse ca 


r; 


OS, 


more 


reliance 


must be 


P 


lace 


d on 


the competence 




of 


the 



pr ese nter . 
(2) Standards for 
prescntat ion i 



program 



1 13 



NORTH CAROLINA REGISTER 



(a) Participants should be 
informed in advance of 
objectives, prerequisites, 
experience level, content, 
advance preparation, 
teaching methods, and CPE 
contact hour s credit . 
N ote: In order for potential 

pa rt i c ipgnt s to most 

effectively p3 r.n t)ieir CPE, 
the salient features of any 
program should be disclosed. 



Acco rdingly, 



brochures 



other announcements should be 
a\'ailnble well in advance of 



each program 



and 



should 



conta in 



clear 



statement; 



concerning 



prerequisites 



object ives , 



(if 



any ) 



experience level , program 

content , the nature and extent 
of advance preparation, the 
teaching method(s) to be used, 
and the amount of credit to be 
given . 



(b) Instructors or 

discussion leaders should 
be qualified with respect 
to program content and 
teaching method used. 
Note : The instructor is a 
key ingredient in the 
learning process in any 
group program. Therefore, 
it is imperative that 
sponsors exercise great 
care in selectng qualified 
instructors for all group 

programs . A gualified 

instructor is one wlio is 
capable , tlirougli 



background , 



educat ion , 



training , 



and/or 



experience, of providing 
an environment conducive 
to learning. He should be 
competent in the subject 
iriatter and skilled in the 
use of the appropriate 

teaching method( s ) . 

Although instructors are 
selected with great care, 
sponsors should evaluate 
their performance at the 
conclusion of each program 

to determine their 

suitability for continuing 
to serve as instructors in 
the future . 
(c) Program sponsors 

should encourage 
participation only by 
individuals with 

appropriate e duca t ional 
educat ion and/or 
experience . 
Note: So that 



part 


icipant 


s can expect 


CPE 


programs to 


increase 


their 


pro 


f essional 


comp 


etence , 


this 


standard 


encourages 


sponsors to 


urge 


onlv 


those 


who have 


the 


appropr 


iate 


education 



and/or 



p articipate , 
"educat ion 



experience 



to 



The term 
and/or 



e xperience' 



in 



the 



standard a l so implies that 

part icipant s will be 

ex pected to complete any 
advance preparation. A n 
step in 



cssent ial 



encouraging 



advance 



preparat ion is timely 

distribution of program 



materials . 



Although 



implemontinq this standard 
may be difficult, sponsors 
s hould make a significan t 
effort to comply with th e 
spirit of the standard by 
encouraging (1) enrollment 

onlv by el igible 

participants, C2) timely 
distribution of materials, 
and (5) completion of any 
advanced preparation. 
(d) The number of 

participants and physical 
facilities should be 
consistent with the 
teaching method(s) 

specified . 

Note : The learning 

environment is affected by 
the number of participants 
and by the quality of the 
physical facilities . 



Sponsors 



have 



obligation to pay serious 
attention to these two 

factors . T)ie maximum 

number of participants for 
a case-oriented discussion 

program, for example . 

should be considerably 
less than for a lecture 

program . The seating 

arrangenent is also very 

important . For a 

discussion presentation, 
learning is enhanced if 
seating is arranged so 

that participants can 

easily see and converse 
with each other. If small 



group 



sessions 



integral part of 



the 



program 



appropriate 



format , 



facilities 



should be available to 

encourage communication 

within a small group. In 

effect , class size , 

quality of facilities, and 
seating arrangements are 
integral and important 
aspects of the educational 
environment and should be 
carefully controlled. 
(e) Programs should 

include some means of 
evaluating quality. 
Note ^ Evaluations should 
be solicited from both 
part icipants and 



instructors . 



The 



NORTH CAROLINA REGISTER 



^^^ 



obiective 


of evaluations 


is to encouraqe sponsors 


to strive 


for incrcasec} 


Droqram 


effectiveness . 


Programs 


should be 


evaluated 


to determine 


whether : 

1. Obiectives have been met. 


2. Prerequi 


-^ites are 


necessarv or desirable. 



3. Facilities wore 
satisfactory . 

4. The instructor was 
effect ivo . 

5. Advance preparation 



material: 


3 wore 


satisfactory . 
6. The proqram content was 


timelv and effective. 


Evaluat ions 


miqht take the 


form of 


ore-tests for 


advance 


preparat ion . 


post-tests 


for 


effectiveness of the 


proqram , 


quest ionna ires 


completed a 


t the end of 


the proqram 


or later, oral 


feedback to 


the instructor 


or sponsor. 


and so forth. 


Instructors 


should be 


informed 


of their 


performance , 


. and sponsors 


should 


systematically 


review th 


'3 evaluation 


process to ensure its 



effectiveness . 
(3) Standards for program 
measurement : 

(a) Courses and programs 
must have adequate record 
keeping. Fifty minutes of 
instruction will be 
accepted as one hour of 
course work. College 
credit course work shall 
be accepted at the rate of 
15 hours for each semester 
hour and 10 hours for each 
quarter hour, and college 
non-credit course work 
shall bo accepted on a 
basis equivalent to the 
actual contact hours . 
Course work in which the 
student receives 

Continuing Education Units 
(CEU) will be allowed one 
CPE hour for each 
one-tenth CEU awarded. 
Note: The purpose of this 
standard is to develop 



uniformity 



m 



the 



measuromont 



of 



CPE 



activity. A contact hou r 

is 50 min utes of 

continuous participation 
in a group program. U nder 
this stand ard , credit is 
granted only for full 



contact hours . 



For 



example, a group progra m 
lasting 100 minutes woul d 
count for 2 hours ; 



between 50 and 100 minutes 

would count for only 1 

hour. A one-day program 

consists of 8 contact 



hours . 



For continuous 



conferences 



and 



convent ions , 



when 



individual segcments are 
loss than 50 minutes, the 
sum of the segments should 
be considered one total 
program . 



five 



For example, 



30-minute 



p resentations would equal 
150 minutes and should be 
coiinted as 3 contact 
hours . 

Sponsors are encouraged to 
monitor group programs in 
order to accurately assign 
tlie appropriate number of 

credit hours for 

participants who arrive 
late or leave before a 
program is completed. 

Since credit is not 

allowed for preparation 
time for group programs, 
it should not be granted 
for the equivalent time in 

s elf-study programs . 

Self-study programs sliould 
be pre-testod to determine 
average completion time. 
One-half of the average 
completion time is the 
reccrnmendod credit to be 

allowed . For example , a 

s elf-study program that 

takes an average of 800 

m inutes to complete is 

roco m nended for 8 "contact 

hours" of credit. 

(b) Credi t fxrr te aching &PS 

c o urs e s may btr granted for 

up ttj 3 t ii i ias t+te a c t ual 

t each mg t ime , one t ime only 

f or a specific course v; i t h in 

OTr« y uar . When an 

instructor or discussion 
leader serves at a program 

for which part ic ipants 

receive CPE credit and at a 
level that increases his or 
her professional competence, 
credit should be given for 
pre p aration and presentation 
time measured in terms of 



contact hours , 



Credit ma 



be claimed for 



spec if ic 



course one time only withi n 
one calendar year. CPE 
credit for instructors, 
speakers and discussion 
leaders will be limited to 
one half of the annual 
requirement . 
Note : Instructors an d 



however, 



last ing 



discussion 


loaders 


should 


receive CPE 


credit 


for both 


prep. 


nrat ion 




and 


p r o s ' 


"ntat ion 


For the first 


t ime 


they nr 


esent a 


program. 


they 


3)iould 


rece ive 


contact 



115 



NORTH CAROLINA REGISTER 



hour 



credit 



for 



actual 



preparation hours up to 



times 



the 



class 



cent act 



If a course is rate d 
contact hours, the 



i nstructor could receive up 
to 2^ contact hours of 



credit 



( 16 



hours 



for 



preparation and 8 hours for 
presentation) . For 



r epetitious presentations, 

the instructor should 

receive no credit unless he 
can demonstrate that the 
subject matter involved was 

changed sufficiently to 

require 



significant 



additional 



studv 



research . 

In addition, the 



maximum 



credit for preparation and 
presentation should not exceed 
50 percent of the total CPE 



credit 



instructor 



discussion leader accumulates 



in 



reporting pei'iod. 



For 



example, if AO hours of CPE 
are required yearly, and he 
actually taught 16 hours and 



took 30 hours to 
most credit he 



prepare, t)ie 
could claim 



would be 20 hours . 

(c) Formal c orr e spondence trr 
o tlier individual st udy 
pi og ia iii s mu^rt i-e quiie 
1 e gis t i a t ion arrd provide 

c o mple t ion . Participants in 
self-study programs shall 



document 


their 


part icipat 


ion 


by reqist 


er inq 


with 


the 


CPE 


sponsor . 


and 


shall 


obt 


p. in 


from the 


sponsor evi 


donee 


of 


sat isf act 


ory complet 


ion . 





(d) Credit mny be 

allowed for published 
articles and books 
provided they contribute 
to the professional 
competence of the 
licensee. Credit for 
preparation of such 
publications may be given 
on a self-declaration 
basis up to 25 percent of 
the renewal period 
requirement. In e.xception 
circumstances a licensee 
may request additional 
credit by submitting the 
article(s) or book(s) to 
the board with an 
explanation of the 
circumstances which he/she 
feels justify a greater 
credit. The amount of 
credit so awarded will be 
determined by the board. 

STATE BOARD OF EXAMINERS 
of PLUMBING AND HEATING 
CONTRACTORS 



Notice is hereby given in 
accordance with G.S. 
150B-12 that the State 
Board of Examiners of 
Plumbing and Heating 
Contractors intends to 
amend regulation cited as 
21 NCAC 50 .0108. 

The purpose of the 
proposed regulation is to 
consider amendment of its 
rules governing 

rule-making and 

administrative hearing 
procedures . 

The proposed effective 
date of this action is 
October 1, 1986. 



Statutory Authority i 
87-18; 87-19. 



G.S. 



The public hearing will be 
conducted at 9:00 a.m. on 
July 16, 1986 at the 
Offices of the Board, 806 
Raleigh Building, 5 West 
Hargett Street, Raleigh, 
North Carolina. 

Comment Procedures : Any 
person desiring to present 
oral data, views or 
arguments concerning the 
proposed rules must, at 
least ten days prior to 
the date of the hearing, 
file a written summary of 
his or her views with 
respect to the rules and a 
statement of his or her 
anticipated presentation 
to the Board prior to or 
at the time of the 
hearing. Presentations 
will be limited to ten 
minutes. Additional 
information concerning the 
proposed rule-making 
hearing may be obtained 
from the Board's offices, 
which are open from 8:30 
a.m. to 5:00 p.m.> Monday 
through Friday. 

.0108 RULE-MAKING AND 
ADMINISTRATIVE HEARING 

PROCEDURES 
(a) The model 

administrative procedures 
for rule-making and 
hearings. codified as 
Title 22, Subchapters 2B 
and 2C of the North 
Carolina Administrative 
Code, effective G u pt em b e r 
S^ +9e^ February 1, 1986 
, are hereby adopted by 
reference to apply to 
actions of the State Board 
of Examiners of Plumbing 
and Heating Contractors. 



NORTH CAROLINA REGISTER 



116 



(b) The 
contained in 
.0005 are 
reference and 
to the Board 
and Heating 
following modifications: 
( 1 ) The agency address 

is set forth in Rule .0106 
of this Section. 
(2) "Agency head" means 

the State Board of E.xaminers 



definitions 

22 NCAC 2A 

adopted by 

shall apply 

of PlumLing 

with the 



of Plumbing 
Contractors . 

(c) Copies 
Subchapters 2B 
22 NCAC 2A . 



and Heating 

of 22 NCAC, 

and 2C, and 

0005 may be 



inspec ted 

a 

s ect io n erf 

G^n^r^l s 



€op iijs may 
tile 

pi -oceti u re s 
cliar gg trf 
( O^<.00> 
board__ office 



in the 
pr o i LeJui a s 

Street , 
NuL th Car o l iiu . 
ire ubt ain e d fr o m 



adminijiti at iv e 
! c t ion f o r a 
•foTrr d o llars 



or 



at the 



Office 




o 


f 


Administrat 


ive 


Hear in' 


■fs 


f 


R 


aleirih, 


N 


.C. 


Cop ies 


m 


ny 


be 


obtained 


for a 


charqe 


t 


o 


be 


determined 


by 



each office . 



117 



NORTH CAROLINA REGISTER 



FINAL RULES 



TITLE 15 - NATURAL RESOURCES 
AND COMMUNITY DEVELOPMENT 

SUBCHAPTER 1H - RESOLUTION 
OF SUBMERGED LANDS CLAIMS 

SECTION .0100 - INTRODUCTION 
AND DELEGATIONS 

.0101 INTRODUCTION 

Tho Secretary of Natural 
Resources and Community 
Dovelopmont v;as directed to 
establish and implement a 
plan for completion of the 
resolution of claims filed 
pursuant to G.S. 113-205 by 
December 31, 1990. The 
claims arise in twenty-five 
coastal counties, which 
overlap with tlie counties 
regulated by the Coastal 
Area Management Act of 1974. 
The permit letting procedure 
under G.S. 113A-100, ct seq . 

and G.S. 113-229 require. 
among other things, the 
Division of Coastal 
Management to evaluate 
property riglits in the 
waters and lands which were 
tlio subject of the claims 
filed pursuant to G.S. 
113-205. The Division of 
Coastal Management is tlie 
department division best 
able to implement tlie plan 
for resolving tho claims and 
is directed to implement the 
plan . 

History Note: Statutory 
Authority G.S. 1 13-205; 
n3-206Cf); 143E-10(a); 
Eff. June 1, 1986. 

.0102 DEFINITIONS 
As used throughout this 
Subchapter : 

(1) "Claim" means information 
submitted by any person in 
response to G.S. 113-205(a). 

(2) "Claimants" mean any 
person wlio filed a claim or 
who succeeded to the 
interest of the person who 
originally filed a claim. 

(3) "Department" means tho 
North Carolina Department of 
Natural Resources and 
Community Development. 

(4) "Director" means 

the Director of the Division 
of Coastal Management . 

(5) "Division" moans the 
Division of Coastal 
Management of the Department 
of Natural Resources and 
Community Development. 



(6) "Secretary" means the 
Secretary of tho Department 
of Natural Resources and 
Community Development. 

(7) "Source instrument" moans 
the grant, deed, or other 
similar instrument issued by 
the State of North Carolina, 
its agencies, or earlier 
governments of the lands now 
comprising the state for the 
parcel or right claimed 
pursuant to G.S. 113-205. 

(8) "State" means the State 
of North Carolina. 

History Note: Statutory 
Authority G.S. 113-205; 
113-206("f); 143B-10(a); 
Eff. June 1, 1986. 

.0103 DELEGATION OF 
AUTHORITY TO DIRECTOR 
The following specific 
functions are delegated by the 
secretary to tlie director: 
( 1 ) Tlie authority to 

recommend modification of 
areas leased pursuant to 
G.S. 113-206(b); 
(2) The authority to 



the Marine 

Commission 

to G.S. 

resolution of 

on oyster or 



recommend to 
Fisheries 
pursuant 
1 13-206(a)(1 ) 
a claim based 

other shell fish grant or a 
perpetural franchise for 
shollfisli cultivation; and 
(3) The authority to 

respond to individual claims 
and issue final agency 
determinations pursuant to 
the procedures and policies 
set forth by this 
Subchapter . 

History Note: Statutory 
Authority G.S. 113-205; 
113-206(f); 143B-10(a); 
Eff. June 1, 1986. 



SECTION .0200 
PROCEDURES 



RESOLUTION 



.0201 APPLICATION OF 

RESOLUTION PROCEDURE 

The division sliall apply the 
following suggested procedures 
to respond to tlie claims filed 
pursuant to G.S. 113-205. 
Individual claims may 
necessitate variations in the 
suggested procedures and such 
variations are authorized as 
deemed necessary or appropriate. 
The complete procedure used for 
eacli claim shall effectively 
apply the procedural mechanism 
unless the claim is resolved 
prior to completion of the 
established procedure by a 
letter of final determination 
issued by the division. Service 



NORTH CAROLINA REGISTER 



118 



of initial notification and 
final resolution letters shall 
be evidenced by return receipts 
or other similar documentation. 

History Notei Statutory 
Authority G.S. 113-205; 
113-206(f); l-iSB-lOCa); 
Eff . June 1 , 1936. 

.0202 INITIAL REVIEW OF CLAIM 
Each claim shall be reviewed to 
ascertain whether; 

(1) the claim as filed 

met the minimum standards of 
G.S. 113-205 by inclusion of 
the source instrument, the 
instrument showing the 
interest of the claimant, 
and a map illustrating and 
locating the area; 

(2) the claim was required 

by or affected lands or 
rights witliin tlie scope of 
G.S. 113-205; and 

(3) the claim involved 
property subject to the ta.x 
credit donation deadline 
established in G.S. 
105-151 .12. 

History Note: Statutory 
Authority G.S. 1 13-205; 
n3-206(f); l43B-10(a); 
Eff. June 1, 1936. 

.0203 LETTER OF 

NOTIFICATION 

(a) The division shall 
initiate tlie claim 
resolution process Ly 
serving notice to the 
claimant v(hich, at a 
minimum, requires a response 
to continue tlie resolution 
process . 

(b) The letter of 
notification shall 
correspond to the 
determinations made during 
the initial review of 
claims. Claimants will bo 
informed whether the claim 
is deemed complete or 
requires additional 
information. The letter 
will specifically itemize 
the additional information 
necessary to render the 
claim cor^ploto. Tlie 
division sholl allow 
claimants at least 30 but 
not more than 90 days to 
submit all additional 
required information. 

(c) Determination that 
claims neither v/cro required 
by nor affected lands and 
rights subject to G.S. 
113-205 shall be included in 
the letter of notification. 
Failure by tlie claimant to 
provide evidence to the 
division witliin 90 days 



which results in a reversal 
of the initial determination 
shall render the claim null 
and void. If the claimant 
can sJiow that the 
determination was in error 
the division shall apply the 
additional procedures of 
this Subchapter. 

(d) The ta.x credit donation 
program will be described in 
tlie letter of notification 
to each claim for property 
or rights that may be 
eligible for the program. 

(e) Tlie letter of 
notification shall clearly 
inform tlie claimant if 
failure to reply in a timely 
fashion shall result in his 
claim being declared 
abandoned or null and void. 
Failure to supplement claims 
deemed incomplete shall 
render the claims null and 
void for failure to comply 
with the minimum 
requirements of G.S. 
1 13-205(a) . 

History Note; Statutory 
Authority G.S. 1 13-205; 
113-205(f); 143B-10(a); 
Eff. June 1 . 1986. 

.0204 RESPONSE TO LETTER OF 
NOTIFICATION 

(a) The division shall 
incorporate into the letter of 
notification a method for 
response. Tlie division shall 
facilitate response, to the 
e.xtent deemed necessary, by 
forms for response, instructions 
for response, or similar means. 

(b) By the response, the 
claimant shall provide tiie 
following information: 

( 1 ) whetlier tlie claimant 

continues to assert the 
claim ; 

(2) the identity of grantees 
to whom the claimant has 
transferred the claim; 

(3) whether the claimant 
desires additional 
information regardijig tax 
credits and other benefits 
available for donation of 
the claim to eligible 
ont it ies ; 

(4) such evidence as is 
necessDry to refute the 
determination, if made, that 
tlie claim is not subject to 
G.S. 113-20 5; and 

(5) such other additional 
information as is necessary 
to evaluate the claim. 

(c) The claim sliall bo declared 
abandoned if a response is not 
received by the division within 
the established 90 day period or 
if tlio claimant fails to respond 



119 



NORTH CAROLINA REGISTER 



to any of the individual 
requests for information 
specified in the letter of 
nolif icat ion . 

(d) A follow-up request shall 
be made by tlic division when the 
information provided in response 
to a specific request is 
incomplete ox" inadequate to 
evaluate tlic claim. The claim 
shall be declared abandoned if 
the additional information is 
not received witliin 30 days of 
service of the follow-up 
request . 

History Note : Statutory 
Authority G.S. 113-205; 
n3-206(f); 143B-10(a); 
Eff. June 1, 1986. 

.0205 FOLLOW-UP TO UNSERVED 
NOTIFICATION 

(a) The division shall refer 
all letters of notification 
returned as unserved to the 
Attorney General's Office with a 
request that the porson(s) who 
currently asserts title to the 
area subject to the G.S. 113-205 
claim be identified. 

(b) If the record holder of 
title cannot be identified, a 
public notice sliall be printed 
in a newspaper of general 
circulation in the county in 
whicJi the land is located. Such 
notice shall refer to the 
original claimant by name and 
the location of the area in 
question and shall allow any 
party claiming a c)iain of title 
to the original claim 30 days to 
contact the division. If no 
response is received within tlie 
30 days, the claim shall be 
declared abandoned. 

(c) The division shall send a 
letter of inquiry to the persons 
identified by the Attorney 
General's Office to determine 
v;liether that person asserts a 
connected chain of title to the 
G.S. 113-205 claim and thereby 
continues to assert the claim as 
filed. 

(d) The division shall 
incorporate into the letter of 
inquiry a method for response 
and allow a minimum time of 30 
but not more than 90 days for 
response . 

(e) Subsequent takers of lands 
claimed pursuant to G.S. 113-205 
shall submit documentation to 
establish an unbroken chain of 
title from the original 
claimant . 

(f) After subsequent takers 
meet the additional requirements 
of tliis Rule, a letter of 
notification pursuant to Rule 
.0203 shall be issued. 



(g) Tfie original G.S. 113-205 
claim shall be declared 
abandoned if no response to the 
letter of inquiry or no 
requested supporting 

documentation is received within 
the cstabliEhcd 90 day time 
following service of the letter 
or request . 

History Note: Statutory 
Authority G.S. 113-205; 
113-206(f); 1-^313-10(3); 
Eff. Juno 1, 1986. 

.0206 CLAIMS DEEMED COMPLETE 

(a) Claims shall be deemed 
complete when tlie file includes: 

(1) the source instrument; 

(2) The instrument showing 
the interest of the claimant 
and the chain of title 
connecting a subsequent 
taker to the original 
claimant; and 

(3) a map illustrating and 
locating the area. 

(b) Tlie division shall notify 
claimants as stipulated in Rule 
.0203 of this Subchapter, when 
the claim is deemed complete 
under G.S. 113-205. In its 
notification, the division will 
request any information required 
to supplement the claim for 
final evaluation and resolution. 

(c) Each claim deemed complete 
after the suljmission of 
additional information shall be 
further evaluated to determine 
whether it encompasses lands or 
rights subject to G.S. 113-205. 

(d) The following supplemental 
information shall be submitted 
by a claimant with a complete 
claim when it is requested by 
the division : 

(1) a chain of title which 
demonstrates an unbroken 
connection between the 
claimant and the source 
instrument ; 

(.2) a map of the 

claimed area conforming to 
the requirements of G.S. 
113-202(1); and 

(3) an affidavit by the 

surveyor demonstrating the 
methods by which the platted 
boundaries were ascertained 
from the source instrument 
and the instrument through 
vjhich the claimant asserts 
an interest . 

History Note: Statutory 
Authority G.S. 113-205; 
113-206(f); 143B-10(a); 
Eff. June 1, 1986. 

.0207 CLAIM DETERMINATION 
(a) The validity of claims for 
wliich a connected chain of title 
is established, to tlie 



NORTH CAROLINA REGISTER 



120 



division's satisfaction. to a 
state issued source instrument 
that included the area or rights 
claimed shall be determined in 
accordance with the law of this 
state and the policy statements 
embodied in those Regulations. 

(b) Prior to issuance of a 
determination adverse to the 
claim, the division may contact 
the claimant with proposals for 
resolution of the claim by 
easements, donation of claimed 
areas, or similar conveyances. 

(c) Claims that liavo not been 
declared abandoned or n\ill and 
void sliall be resolved by the 
issuance of a final 
determination that includes a 
statement of the law respecting 
review by the courts of the 
final determination pursuant to 
G.S. 113-206. 

(d) Claimants who failed to 
respond within the required time 
to earlier requests for 
additional information shall be 
issued a final determination 
specifying the reason for the 
determination as provided in the 
notification sent earlier. 

(e) Claimants viho have failed 
to refute the determination that 
their claim was not required by 
nor affected lands and rights 
subject to G.S. 113-205 as 
pro^'ided for in Rule .0203 of 
this Subchapter shall be issued 
a final determination specifying 
the reason for the 
determination . 

History Note: Statutory 
Authority G.S. 113-205; 
113-206(f); 143B-10Ca); 
Eff . June 1 , 1986. 



SECTION .0300 



STATE POLICIES 



.0301 INTRODUCTION 

fa) The policies sot forth in 
this Section shall sorve as a 
guide in evaluating and 
resolving claims made pursuant 
to G.S. 113-205(a). The 
policies shall be applied in a 
manner which is not in conflict 
v;ith the state's policy to 
conserve and protect its lands 
and waters for the benefit of 
all its citizenry as set forth 
in Article XIV. Section 5 of the 
Constitution of North Carolina 
or which limits the authority of 
the state and local governments 
to regulate the uses of the 
lands claimed pursuant to 
Article VII. Section 1 of the 
Constitution of North Carolina. 
Public trust rights of 
navigation. fishing. hunting, 
recreation. commerce, and the 
preservation of natural 
aesthetic and ecological 



functions shall be preserved 
whenever possible in all claim 
determinations . 

(b) Tliese policies shall only 
be applied in tlie twenty-five 
counties specified in G.S. 
1 13-205(a) . 

(c) The rules of this 
Subchapter establish the 
categories within which 
individual claims may be 
recognized. Claims in other 
categories shall not bo 
recognized. Both individual 
claims and entire categories of 
claims listed in this Subchapter 
may be denied where such action 
is necessary to comply with the 
general policy of this Rule or 
other state law. 

History Note: Statutory 
Authority G.S. 113-205; 
n3-206(f); 143B-10ta); 
Eff. June 1 , 1936. 

.0302 FILLED LANDS 
Filled lands which were 
created from the publicly owned 
beds of tidal waters or 
navigable in fact waters may be 
the subject of private ov^nership 
when : 

(1) the Council of State 

or other authorized state 
agency issued a deed for the 
filled lands; or 

(2) the filled lands are 
within the bounds of a deed 
issued by the Board of 
Education or its 
predecessors; or 

(3) the filled lands were 
raised using private funds 
under the authority of a 
permit issued to private 
individuals pursuant to G.S. 
113-229, G.S. 113A-100 
through -128. or both; or 

(4) tlie lands have been 
filled for more than tliirty 
years, or twenty-one years 
with color of title, and the 
other requisites of adverse 
possession are 
satisfactorily shown. 

History Note: Statutory 
Authority G.S. 1-35. 
113-205; n3-206(f); 
143B-10(a); 146-6; 
Eff. June 1, 1986. 

.0303 PRIVATELY OWNED BEDS 
(a) The bods of natural 
streams, creeks and similar 
watercourses which are 
neither subject to the 
influ.x of salt water nor 
na"igablo-in-f act may bo 
privately owned. The waters 
covering the bed are subject 
to public trust uses. 



121 



NORTH CAROLINA REGIS lER 



(b) The beds of water 
bodies created by the 
excavation of lands above 
the high water mark may be 
privately owned. The waters 
covei'ing tJiosc beds shall be 
piesunicd subject to public 
trust uses until tlie owner 
conclusively rebuts the 
presiimption by an adequate 
evidentiary sliovjing. 

History Note: Statutory 
Authority G.S. 1-35; 
113-205; 113-206; 146-6; 
Eff. June 1, 1966. 

.0304 MARSHLANDS AND 
SWAMI'LAN'DS 

(a) Non-tidal marshlands 
and swamplands, as that term 
is defined at G.S. 
146-64(8), may be the 
subject of private 
ownership . 

(b) Tidal marshlands 
specifically described and 
depicted in deeds issued by 
the Board of Education may 
be the subject of private 
ownersliip. All such tidal 
marshlands were conveyed to 
tlic Literary Fund subject to 
public trust riglits. The 
public trust rights are in 
the nature of an easement . 

History Note: Statutory 
Authority G.S. 113-205; 
113-206; 143B-10(a); 
146-20. 1 ; 
Eff. June 1, 1986. 

.0305 LIMITED RIGHTS 

(a) Private interests VJhich may 
be recognized in all other 
water and marshland areas for 
whicli claims were required by 
G.S. 113-205(a) sliall be 
limited to the following: 

(1) shellfish leases; 

12) shellfish francliises; 

(3) easements for riparian 
access ; 

(4) duck blind leases; 

(5) mineral leases; 

(6) utility easements; and 

(7) easements for seine 
fishing . 

(b) The division shall 
investigate all such rights 
issued in perpetuity to 
determine whether the secretary 
should request that the Attorney 
General initiate an action 
pursuant to G.S. 146-63 to 
vacate or annul the letters 
patent granted by the state. 

(c) No fee interest shall be 
recognized in waters subject to 
the influx of salt water or in 
waters that are navigable in 



interests in 15 NCAC IH .0304(b) 
and 15 NCAC IH .0303. 

Historv Note: Statutory 
Authority G.S . 113 205; 
113-20C; 143B-10(a); 
146-20. 1 ; 
Eff. June 1, 1986. 



SUBCIIAPTER 7H - STATE GUIDE- 
LINES rOR AREAS OF 
ENVIRONMENTAL CONCERN 



SECTION .0200 



THE ESTUARINE 
SYSTEM 



.0208 USE STANDARDS 

(b) 
(5) Marinas. Marinas 

are defined as any publicly 
or privately owned dock, 
basin, or wet boat storage 
facility constructed to 
accommodate more than 10 
boats, and providing any of 
the following services: 
permanent or transient 
docking space; dry storage; 
fueling facilities, haul-out 



facilities 
services . 

Excluded 
def init ion 
facilities 
only, 
none 



and 
from 



repair 

this 

ramp 



are boat 

allowing access 

temporary docking and 

of the preceding 



fact 



except 



the 



limited 



services. Expansion of 
existing facilities shall 
also comply with these 
standards for all 
development other than 
maintenance and repair 
necessary to maintain 
previous service levels. 
(A) Marinas shall be 

sited in non-wetland areas 
or in deep waters (areas 
not requiring dredging) 
and shall not disturb 
valuable shallow water, 
submerged aquatic 

vegetation, and wetland 
habitats, except for 
dredging necessary for 
access to high-ground 
sites. The following four 
alternatives for siting 
marinas are listed in 
order of pi'eference for 
the least damaging 
alternative; marina 
projects shall be designed 
to have the highest of 
these four priorities that 
is deemed feasible by the 
permit letting agency: 
(i) an upland 

basin site requiring no 
alteration of wetland or 
estuarinc habitat and 
providing adequate 
flushing by tidal or 



NORTH CAROLINA REGISTER 



122 



wind generated water 
circulation ; 

(ii) an upland basin 

site requiring dredging 
for access when the 
necessary dredging and 
operation of the marina 
will not result in the 
significant degradation 
of existing fishery, 
shellfish, or wetland 
resources and the basin 
design shall provide 
adequate flushing by 
tidal or wind generated 
water circulation; 

(ill) an open water site 

located outside a 
primary nursery area 
which utilizes piers or 
docks rather than 
channels or canals to 
reach deeper water; and 

(iv) an open water 

marina requiring 

excavation of no 
intertidal habitat, and 
no dredging greater than 
the depth of the 
connecting channel. 

(B) Marinas which 

require dredging shall not 
be located in primary 
nursery areas nor in areas 
which require dredging 
through primary nursery 
areas for access. 
Maintenance dredging in 
primary nursery areas for 
existing marinas will be 
considered on a 
case-by-case basis. 

(C) To minimize coverage 

of public waters by docks 
and moored vessels, dry 
storage marinas shall be 
used where feasible. 

(D) Marinas to be 
developed in waters 
subject to public trust 
rights (other than those 
created by dredging upland 
basins or canals) for the 
purpose of providing 
docking for residential 
developments shall be 
allowed no more than 27 
sq. ft. of public trust 
waters for every one lin. 
ft. of shoreline adjacent 
to these public trust 
waters for construction of 
docks and mooring 
facilities. The 27 sq. 
ft. allocation shall not 
apply to fairway areas 
between parallel piers or 
any portion of tiie pier 
used only for access from 
land to the docking 
spaces . 

(E) To protect water 
quality of shellfishing 
areas marinas shall not bo 



located within areas 
documented as a natural 
shellfish bed or adjacent 
to such areas if shellfish 
jiarvest closure is 
anticipated to result from 
the marina operation. A 
natural shellfish bed is 
defined in 15 NCAC 3C 
.0302 as an area of public 
bottom when ten bushels or 
more of shellfish per acre 
are found to be growing. 
This Rule shall not apply 
to waters considered by 
the state to be 
permanently closed to the 
taking of shellfish. 

(F) Marinas shall not be 
located without written 
consent from the 
controlling parties in 
areas of submerged lands 
which have been leased 
from tlie state or deeded 
by the state . 

(G) Marina basins shall 

be designed to promote 
flushing through the 
following design criteria: 
(i) the basin and 

channel depths shall 
gradually increase 
toward open water and 
shall never be deeper 
than the waters to which 
they connect; and 
(ii) v;hen possible, 

an opening shall be 
provided at opposite 
ends of the basin to 
establish f low-tl^rougli 
circulation . 
(H) Marinas shall be 

designed to minimize 
adverse effects on 
navigation and public use 
of waters while allowing 
the applicant adequate 
access to deep v/aters. 
(I) Marinas shall be 

located and constructed so 
as to avoid adverse 
impacts on navigation 
througliout all federally 
maintained channels and 
tlieir immediate 

boundaries. This includes 
mooring sites (permanent 
or temporary), speed or 
traffic reductions, or any 
other device, either 
physical or regulatory, 
that may cause a federally 
maintained cliannel to bo 
restricted . 
(J) Open water marinas 

shall bo not enclosed 
within breakwaters that 
preclude circulation 
sufficient to maintain 
water (]uality. 
(K) Marinas whicli 



123 



NORTH CAROLINA REGISTER 



require dicdoiiig sliall 
provide acceptable areas 
to accommodate disposal 
needs foi' future 
maintenance dredging. 
Proof of tlie ability to 
truck the r.poil material 
from t}ie marina site to an 
acceptable disposal area 
will be acceptable. 

(L) Marina desicrn 

shall comply with all 
applicable requirements 
for management of 
stormwatcr runoff. 

(M) Marinas shall post 

a notice prohibiting the 
discharge of aiiy waste 
from })oat toilets and 
explaining the 

availability of 

information on local 
pump-out services. 

(N) Boat maintenance 

areas must be designed so 
that all scraping, 
sandblasting, and painting 
will be done over dry land 
v;ith adequate containment 
devices to prevent entry 
of waste materials into 
adjacent waters. 

(0) All marinas sliall 

comply with all applicable 
standards for docks and 
piers, bulkheadingi 
dredging and spoil 
disposal . 

(P) All applications 

for marinas shall be 
reviewed to determine 
their potential impact and 
compliance with applicable 
standards. Such review 
shall consider the 
cumulative impacts of 
marina development. 

(Q) Replacement of 

existing marinas to 
maintain previous service 
levels shall bo allowed 
provided that the 
proceeding rules are 
complied with to the 
maximum extent possible, 
vjith due consideration 
being given to replacement 
costs, service needs, etc. 

History Note: Statutory 
Authority G.S. 113A-107(a); 
113A-1 07(b); 11 3A-1 13(b), ■ 
Eff. September 9, 1977; 
Amended Eff. June 1,1986; 
December 1 , 1985; 
March 1, 1985; July 1,1983. 

SUBCHAPTER 70 - NORTH 
CAROLINA ESTUARINE 
SANCTUARY 



SECTION 



,0100 - GENERAL 
PROVISIONS 



.0101 STATEMENT OF PURPOSE 
Ilic principal purposes of 
the Nortli Carolina 
Estuarine Sanctuary and 

supporting programs are 
to: 

( 1 ) preserve estuarine 
ecosystems representative of 
tlie various biogcographic 
regions and typologies in 
North Carolina and to make 
them available for 
continuous future study of 
tlie processes, functions, 
and influences which shape 
and sustain the estuarine 
ecosystems ; 

(2) provide new 
information on estuarine 
ecosystem processes to 
decisionmakers as a basis 
for the promotion of sound 
management of coastal 
resources ; 

(3) provide a focal 

point for educational 
activities that increase the 
public avjareness and 
understanding of estuarine 
ecosystems, effects of man 
on then, and the importance 
of tiie esturaine systems to 
the state and the Nation; 

(4) accomm.odate traditional 
recreational activities, 
commercial fishing, and 
other uses of the Sanctuary 
as long as they do not 
distrub the Sanctuary 
environment and are 
compatible with the research 
and educational activities 
taking place there. 

History Note : Statutory 
Authority G.S. 113-3; 113-8; 
1 13A-164.2: 
Eff. July 1, 1986. 

.0102 DEFINITIONS AS 

USED IN THIS SUBCHAPTER 
Definitions as used in this 
Subchapter are : 

(1) "Estuary" means 

that part of a river or 
stream or body of water 
having unimpaired connection 
with the open sea, where sea 
water is measurably diluted 
wit)i fresh water derived 
from land drainage. 

(2) "Estuarine Sanctuary" 
means a group of areas or 
components, each of which 
may include all or the key 
land and water portion of an 
estuary and adjacent 
transitional areas and 
uplands, constituting to the 
extent feasible a natural 
unit, set aside as a natural 
field laboratory to provide 
long-term opportunities for 
research, education, and 



NORTH CAROLINA REGISTER 



124 



interpretation of the 
ecological relationships 
within the area. 

History Note: Statutory- 
Authority G. S. 1 13-3; 
113-8; 113A-164.3; 
Eff. July 1, 1986. 

.0103 RESPONSIBILITIES AND 
DUTIES OF ESTUARINE 
SANCTUARY PROGRAM 
The Estuarino Sanctuary 
Program of the Division of 
Coastal Management shall be 
responsible for managing and 
protecting the Nortli 
Carolina Estuarine 

Sanctuary; for promoting and 
coordinating research and 
educational programs at the 
components while allowing 
for compatible traditional 
uses; for maintaining a 
management plan for the 
Sanctuary; for maintaining 
cooperative agreements witli 
scientific, educational, and 
resource management agencies 
and private citizens that 
will assist in tlie 
management of the Sanctuary; 
and for providing new 
information on estuarine 
processes to coastal 
management decisionmakers. 

History Note: Statutory 
Autliority G . S . 1 13-3; 
113-8; 113A-164.4; 
Eff. July 1 , 1986. 

.0104 STATE AND LOCAL 

ESTUARINE SANCTUARY 
ADVISORY COMMITTEES 
Advisory committees shall 
be established both for the 
entire Sanctuary Program and 
for each individual 
Sanctuary component . The 
committees shall advise the 
Sanctuary manager . Members 
of the committees shall 
include researchers, 

educators, managers, and 
citizens that use or are 
affected by the Sanctuary. 
The committees shall be 
appointed by tlie Secretary 
of tlie Department of Natural 
Resources and Community 
Development . 

History Note: Statutory 
Authority G. S. 1 13-3; 
1 13-8; 1 13A-164.2; 
Eff. July 1 , 1986. 

.0105 SANCTUARY COMPONENTS 
The North Carolina 
Estuarine Sanctuary includes 
the following components: 
(1 ) Zeke's loland 
(2) Rachel Carson 



(3) Currituck Banks 

(4) Masonboro Island 
Detailed boundary maps for 

each component of the 
Sanctuary are maintained and 
available for inspection at 
the Division of Coastal 
Management, 512 North 
Salisbury Street, Raleigh, 
North Carolina. 

History Note: Statutory 
Authority G.S. 113-3; 113-8; 
1 13A-164.2; 
Eff. July 1, 1986. 

SECTION .0200 - MANAGEMENT: 
USE AND PROTECTION OF THE 
NORTH CAROLINA ESTUARINE 
SANCTUARY 

.0201 MANAGEMENT PLAN 
The Division of Coastal 
Management shall prepare a 
plan for the 
The management 
contain specific 
for research, 
and traditional 
uses at each component . Tiie 
Secretary of the Department of 
Natural Resources and 
Community Development shall 
approve the management plan 
and its revisions. The 
Division of Coastal Management 
shall monitor and manage the 
components and report to the 
secretary violations of the 
approved plan and any other 
situations that may be harmful 
to the natural resources of 
the Sanctuary. 

History Note: Statutory 
Authority G.S. 113-3; 113-8; 
113A-164: 143-341; 143-342; 
Eff. July 1, 1986. 



management 
Sanctuary . 
plan shall 
policies 
educat ion. 



.0202 SANCTUARY USE 

F^QUIREMENTS 
Tlie following 
requirements shall appi 
all of the components o 
Sanctuary : 

(1) The essential 
natural character of 
Sanctuary shall 
maintained . 

(2) Traditional recreati 
uses within each comp 
sliall be allowed to con 
as long as the activiti 
not disrupt the na 
integrity of the Sane 
or any 
educational 
Incompat ible 
uses shall include; 

(.a) fisliing, hunting, 
or trapping activitie 
allowed by 
regulat ions ; 

(b) target shooting; 



research 
proj 
tradit 



use 
y to 
f the 



the 
be 

onal 

onent 
t inuG 
cs do 
tural 
tuary 
or 
Gets . 
ional 



s not 

state 



125 



NORFH CAROLINA REGISTER 



(c) hydraulic clam 
drcdniny witliin Sanctuary 
boundarios ; and 

(d) use of vehicles 

off designated corridors 
at components wliere 
vehicles arc allowed for 
upland transporat ion 
according to the 
manafiement plan. 

(3) Ko user shall disturb 

a rcr,carcli piojcct or 
rescarcli equipment in place 
at the Sanctuary. 

(4) Camping or any form 

of habitation, whether on 
tlie uplands, wetlands, or 
v;aterE within Sanctuary 
boundaries, sliall not be 
allowed v;ithout the written 
permission of tlic Division 
of Coastal Management . 

(5) Personal property not 
authorized by the ipanagement 
agency may not be placed 
witliin the boundaries of the 
Sanctuary for more than two 
consecutive days. 

(6) Users of the Sanctuary 
shall not disturb or remove 
any live animals, except 
tliose allovjed by state 
hunting and fisliing 
regulations as they apply to 
the Sanctuary, or vegetation 
witliin the Sanctuary unless 
such action is part of a 
research or educational 
project approved by the 
management agency. 

(7) Persons wishing to engage 
in scientific research or 
collection of natural 
materials witliin the 
Sancturary shall first 
secure written permission 
from the management agency. 

(8) No activity shall be 
allowed which mig)it pollute 
any stream or body of water 
in the Sauctuary. Acts of 
pollution shall include: 

(a) Deposition of 

solid materials not 
indigenous to the local 
estuarine ecosystem; and 

(b) Discharge of 

liquids other than 
uncontaminatfcd estuarine 
water . 



(9) No other acts or 

u?;es which arc detrimental 
to the maintenance of the 
property in its nautral 
condition sliall be allowed 
including, but not limited 
to, disturbances of the 
soil, mining, commercial or 
industrial uses, timber 
harvesting, ditching and 
draining, deposition of 
waste materials. 

History Note: Statutory 
Authority G.S. 113A-16'^; 
Fff. July 1, 1986. 

SUBCHAPTER 9C - DIVISION 
PROGRAMS 

SECTION .0900 - FOREST 
DEVELOPMENT PROGl^MS 

.0902 ADMINISTRATION OF 
PROGRAM 

(c) At the beginning of 
each fiscal year, the 
secretary may designate a 
portion of funds for certain 
approved practices designed 
to encourage reforestation 
at reduced costs or for 
other special purposes in 
designated areas. Such 
designations will be for the 
current year only. Funding 
so designated must be 
committed by December 31 of 
tlie year designated. Funds 
remaining uncommitted on 
December 31 will be 
reallocated on the "first 
come, first served" basis. 
The determination to 
designate funds by the 
secretary will be made in 
vjriting not less than six 
months prior to beginning of 
the fiscal year for which 
funds arc designated. 

History Note; Statutory 
Authority n3A-176; 
n3A-183; 

Eff. August 8, 1978; 
Amended Eff. July 1, 1986; 
October 1, 1984; 
August 1, 1982; 
January 15, 1981 . 



NORTH CAROLINA REGISTER 



126 



NORTH CAT^OLINA ADMINISTRATIVE CODE 
LIST OF RULES AFFECTED 



EDITION X, NO, 

AGENCY 

ADMINISTRATION 
1 



NCAC 


4A 


.0101- 


.0107 






.0301- 


.0307 






.0401- 


.0402 






.0501- 


.0502 




4B 


,0001 - 


.0004 




4C 


.0101- 


.0103 






.0201- 


.0208 






.0301- 


.0313 






.0501- 


.0510 






.051 1 








.0513 








.0601- 


.0604 






.0701- 


.0705 






.0801- 


.0306 




4D 


.0101- 


.0102 






.0201- 


.0203 






.0301- 


.0305 






.0401- 


.041 1 






.0501- 


.0 503 




4F 


.0101- 


.01 06 






.0201- 


.0203 






.0301 - 


0302 






.0401- 


0404 






.0501- 


0503 




5A 


.0006- 
.0011 


007 




5B 


.0214 
.1107 








.1514- 


1515 






.2001- 


20 13 




5D 


.0601- 


0603 




6A 


.0101- 


010 4 




6B 


.0102- 

.0201 

.0209 


01 10 






.0301- 


0302 






.0401- 


0410 






.0803- 


0867 






.090 1- 


0902 






. 1001 








.1101- 


1 104 




7 


.0101- 
.0202 


0103 






.0301- 


0309 






.0401- 


0406 






.0501- 


306 




9 


.0101- 


103 




1 1 


.0101- 


103 






.0201- 


0202 






.0301- 


0303 






.0-401- 


0412 






.0501- 


0502 






.0601- 


0603 






.0701- 


70 7 






.0801- 


oao4 






.0901- 


0905 






.1001- 


1005 






.1101- 


1 103 






. 1201- 


1202 






.1301- 


1302 






.1401- 


14 04 






.1501- 


1506 






.1601- 


1602 



EFFECTIVE: June 1, 1986 
ACTION TAKEN 



Repealed 
Repealed 
Repealed 
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Repealed 
R'^^pea! cd 
Repealed 
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Repealed 
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Repealed 
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R L' p e a 1 e d 
Repealed 



127 



NORTH CAROLINA RLGISTER 



.1701-. 170^ Repealed 

.1B01-.1803 Repealed 

.1901-. 1902 Repealed 

.2001-. 2006 Repealed 

.2101 Repealed 

.2106-. 2110 Repealed 

.2112-. 2115 Repealed 

.2117-. 2118 Repealed 

.2122 Repealed 

12 .0101-. 0103 Repealed 

.0201 Repealed 

.020'^-.0206 Repealed 

.0301 -.0304 Repealed 

.0401-. 0402 Repealed 

.0501-. 0505 Repealed 

15 .0101 Repealed 

.0103-. 0104 Repealed 

.0106-. 0107 Repealed 

17 .0101-. 0102 Repealed 

.0203 Repealed 

.0104 Repealed 

.0201-. 0204 Repealed 

.0301-. 0304 Repealed 

.0401-. 0402 Repealed 

.0501-. 0502 Repealed 

.0601-. 0602 Repealed 

20 .0101-. 0104 Repealed 

.0201-. 0207 Repealed 

21B .0101-. 0104 Repealed 

.0201-. 0207 Repealed 

21C .0001-. 0002 Repealed 

26A .0001-. 0003 Repealed 

26B .0101-. 0103 Repealed 

.0201-. 0205 Repealed 

28 .0101-. 0104 Repealed 
.0201-. 0206 Repealed 
.0301-. 0305 Repealed 
.0401-. 0405 Repealed 

29 .0101-. 0104 Repealed 
.0201-. 0202 Repealed 
.0301-. 0303 Repealed 
.0401-. 0406 Repealed 

30A .0102-. 0106 Repealed 

30A .0202-. 0204 Repealed 

30A .0209 Repealed 

30A .0211-. 0212 Repealed 

30A .0302-. 0304 Repealed 

30A .0308-. 0314 Repealed 

30A .0402 Repealed 

30B .0006 Repealed 

30C .0101-. 0103 Repealed 

31 .0001-. 0002 Repealed 

32 .0101-. 0102 Repealed 
.0201-. 0206 Repealed 
.0301-. 0306 Repealed 
.0307-. 0308 Repealed 
.0401-. 0403 Repealed 
.0404 Repealed 
.0405-. 0407 Repealed 
.0501 Repealed 
.0502 Repealed 
.0503-. 0511 Repealed 
.0601-. 0602 Repealed 
.0701-. 0702 Repealed 
.0703-. 0705 Repealed 

34 .0101-. 0104 Repealed 

.0201-. 0207 Repealed 

COMMERCE 

4 NCAC 2R .1502 Amended 

2S .0227 Amended 

2T .0410 Amended 

7 .0507Ca); (d); (i) Temp. Repealed 5/3/86 
7 .0507(a); Cd); (i) Temp. Amended 5/3/86 

NORTH CAROLINA REGISTER 128 



BOARD OF ELECTIONS 










8 NX AC 


7 


.0001-. 0002 


Temp 


. Repeale 




7 


.0003-. 0006 


Temp 


. Adopted 


JUSTICE 










1 2 N'CAC 


9A 


.0103 




Amended 




9B 


.0114 

.0224-. 0225 
.0401 

.0403-. 0404 
.041 1-.0412 




Adopted 
Adopted 
Amended 
Amended 
Adopted 




9C 


,0304 
.0307 
.0309 




Amended 
Amended 
Adopted 


NATURAL RESOURCES , 


AND 


COMMUNITY DE\'ELOPMENT 


15 NCAC 


IH 


.0101-.0i03 
.0201-. 0207 
.0301-. 0305 




Adopted 
Adopted 
Adopted 




7H 


.0208(b)C5) 




Amended 




7K 


.0203(c) 




Amended 


STATE TREASURER 










20 NCAC 


IG 


.0205-. 0206 
.0207 




Repealed 
Adopted 




2C 


.1601-. 1603 




Adopted 



5/1/86 



129 NORTH CAROLINA REGISTER 



TITLE/MAJOPv DIVISIONS OF THE NCRTH CAROLINA ADMINISTIiATIVE CODE 



TITLE 

1 
2 
3 

5 
6 
7 
8 
9 
10 

n 

12 
13 
14A 
15 
16 
17 
18 
19A 
20 
»21 
22 
23 
2^ 
25 
26 



DEPARTMENT 

Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department 

Elections, State Board of 

Governor 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control, Department of 

Natural Resources and Community Development 

Education, Department of 

Revenue , Department of 

Secretary of State 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Independent Agencies 

Personnel , Department of State 

Office of Administrative Hearings 



NOTE 1 Title 21 contains the chapters of the various 
occupational licensing boards. 



CHAPTER 

2 

4 

6 

8 
10 
12 
14 
16 
18 
20 
21 
22 
26 
28 
30 
31 
32 
33 
34 
36 
37 
38 
40 
42 
44 
46 
48 
50 
52 
53 
54 
56 
58 
60 
62 
64 

66 



LICENSING BOARD 

Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners 

Chiropractic Examiners, Board of 

Contractors, Licensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners 

P'orcsters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Landscape Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Law Examiners, Board of 

Martial & Family Therapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing Home Administrators, Board of 

Occupational Tlierapist, Board of 

Opticians, Board of 

Optometry, Board of Examiners in 

Osteopathic Examination and Registration 

Pharmacy, Board of 

Pliysical Tlierapy, Examining Committee of 

Plumbing and Heating Contractors, Board of 

Podiatry Examiners, Board of 

Practicing Counselors, Board of 

Practicing Psycliologist s , Board of 

Professional Engineers and Land Surveyors 

Real Estate Commission 

Refrigeration Examiners, Board of 

Sanitarian Examiners, Board of 

Speech and Language Pathologists and 

Audiologists , Board of Examiners of 
Veterinary Medical Board 



NORTH CAROLINA REGISTER 



130 



CUMULATIVE INDEX 
(April 1, 1936 - March 31, 1987) 



1986 

Pages Issue 

1-73 April 

li\ - 'il May 

93-132 June 

AO - Administrative Order 

E - Errata 

EO - Executive Order 

FR - Final Rule 

GS - General Statute 

JO - Judicial Order 

LRA - List of Rules Affected 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 

ADMINISTRATIVE ORDERS 
Beecher Reynolds Gray, 47 AO 
Fred Gilbert Morrison, Jr., 48 AO 
Angola Rebecca Bryant, 49 AO 
Thomas R. West , 50 AO 
Abraham Penn Jones, 93 AO 

AGRICULTURE 
Food and Drug Protection Division, 99 PR 

COMMERCE 
Milk Commission, 74 PR 
Savings and Loan, 78 PR 

CULTURAL RESOURCES 
Archives and History, 78 PR 

EXECUTIVE ORDERS 

Executive Orders 1-25, 23-44 EO 

GENERAL STATUTES 
Chapter 7A , 21-22 GS 
Chapter 150B, 3-21 GS 

HUMAN RESOURCES 
Children Services, 103 PR 
Food Assistance, 103 PR 

Individual and Family Support, 103 PR 
Medical Services, 101 FR 
Mental Hoaltli Retardation 

and Substance Abuse, 80 PR 
Youth Services, 85 PR 

JUDICIAL ORDERS 
Appointment 

Robert A. Melott, 45 JO 

JUSTICE 
Police and Information Network, 107 PR 

LABOR 
Boiler and Pressure Vessel, 86 PR 

LICENSING BOARD 
C P A Examiners, 1 1 2 PR 
Medical Examiners, 92 PR 
Plumbing and Heating Contractors, 116 PR 



131 NORTH CAROLINA REGISTER 



LIST or RULES AFFECTED 
Volume 10, No. 1 
April 1, 1986), 71 LRA 

Volume 10, No. 2 

(Mav 1 , 1986) , 94 LRA 

Volume 10, No . 3 

(June 1 , 198G), 127 LRA 

NATURAL RESOURCES AND gOMflUNJTY DCVELOPMENT 
Coastal Managomcnt , 112 FR 
Departmental Rules, 109 PR, 118 FR 
Employmental and Training, 111 PR 
Environmental Management , 88 PR 
Forest Resources, 126 FR 
Soil and Water, 90 PR 
Wildlife Resources and Water Safety, 11 PR 

OFFICE OF ADMINISTRATIVE HEARINGS 

General, 52 PR 

Hearinas Division, 61 PR 

Rules Division, 52 PR 

SECRETARY OF STATE 
Notary Public, 91 PR 

STATEMENTS OF ORGANIZATION 

Office of Administrative Hearings, 51 SO 



NORTH CAROLINA REGISTER >32 



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